Mukesh Kumar Singh v. The State Of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11981 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- AMNAUR District- Saran ====================================================== Mukesh Kumar Singh Son of Shankar Singh Resident of Village - Manorpur Jhakhari, P.S.- Amnour, District- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Amnour P.S. Case no. 281 of 2019 registered under sections 413 and 414 of the Indian Penal Code. As per allegation in the FIR, on secret information having been received it is stated that a raid was conducted by the informant on the house of the petitioner and a stolen

2/3 motorcycle was recovered from a room inside the gate of the petitioner's house.

It is submitted by learned counsel for the petitioner that that no incriminating article as alleged has been recovered. Neither the petitioner was present at the alleged place of recovery nor does he have anything to do with the seized motorcycle. The petitioner has no criminal antecedent. The application for bail is opposed by learned counsel for the State.

The case diary called for in the instant case has been received.

Having heard learned counsel for the parties and on going through the records of the case, it transpires that there has been no investigation on the point as to whom does the said stolen motorcycle belongs to. Further, taking into consideration the submission made on behalf of the petitioner together with the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Amnour P.S. Case no. 281 of

3/3 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 2nd, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U