Raj Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15005 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Raj Kumar Giri, son of Ram Nath Giri, resident of Bhanacha, P.S.- Majhaulia, District- West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chanpatia P.S. Case No. 17 of 2016, registered under Sections 406 and 420 of the Indian Penal Code.

The accusation is that in the evening of 16.01.2016, the informant reached at the house of his relative Harinandan Mishra in village Mahna, where petitioner and one unknown came and made request to hand over his motorcycle for urgent work. Thereafter, the informant handed over his motorcycle to the petitioner and his associate, but they did not return the motorcycle to the informant.

Learned counsel for the petitioner submits that, in

Patna High Court Cr.Misc. No.15005 of 2017 (2) dt.13-04-2017 2/2 fact, the motorcycle of the informant was stolen by the unknown thieves to the door of Harinandan Mishra, relative of the informant, but with ulterior motive the informant has lodged the present case with false allegation after nine days of the occurrence. Harinandan Mishra, relative of the informant, has stated in para 29 of the case diary about theft of the motorcycle of the informant by unknown from the Verandah of his house. Further submission is that petitioner is in custody since 28.08.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-IV, West Champaran at Bettiah in connection with Chanpatia P.S. Case No. 17 of 2016.

(Rajendra Kumar Mishra, J) manish/- U T