Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3396 of 2018 Arising Out of PS.Case No. -239 Year- 2017 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dhiraj Kumar, Son of Dinesh Sah, Resident of Village- Parei Tola, Shikarganj, Police Station- Shikarganj, District- East Champaran. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chiraiya (Shikarganj) P.S. Case No.239 of 2017 registered under Sections 379, 414, 413/34 of the Indian Penal Code.

As per the prosecution case, petitioner along with one another accused person is said to have stolen the motorcycle and on seeing the police fled away abandoning the said motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner was not apprehended on the spot. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has been remanded in this case from Chiraiya P.S. Case No.352 of 2017. There is

Patna High Court Cr.Misc. No.3396 of 2018 (02) dt.17-01-2018 2/ 2 nothing on record indicating the complicity of the petitioner in the occurrence. The petitioner has been languishing in custody since 16.11.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 learned Additional Chief Judicial Magistrate, East Champaran at Dhaka in connection with Chiraiya (Shikarganj) P.S. Case No.239 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T