Tilendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13026 of 2020 Arising Out of PS. Case No.-512 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== 1.

TILENDRA THAKUR Son of Late Indrashan Thakur Resident of Village - Chhotaki Nainijore, P.S.- Nainizore, Distt - Buxar. 2.

Dhanlal Thakur Son of Tilendra Thakur Resident of Village - Chhotaki Nainijore, P.S.- Nainizore, Distt - Buxar.

3.

Gopal Tiwary Son of Late Ramesh Tiwary Resident of Village - Chhotaki Nainijore, P.S.- Nainizore, Distt - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwini Kumar Rai For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in connection with Brahampur (Nainizore) P.S. Case no. 512 of 2019, registered under Sections 420, 379 and 411/34 of the Indian Penal Code.

Accusation is that the splendor motorcycle bearing registration No.

UP-60AA-0097, Engine No.

JA05ECF9M02537 of the informant Akhilesh Yadav was stolen from his house regarding which he had given application to the Police station, but, at that time, copy of the F.I.R. was not handed over to him. Later on, he came to know that the Police

Patna High Court CR. MISC. No.13026 of 2020(3) dt.22-07-2020 2/3 had not registered the case regarding the theft of his motorcycle and he also came to know that his motorcycle is being used by the petitioners with forged registration number, which was seen by his relative and local Chowkidar. The local Chowkidar of Nainizore Police Station informed that motorcycle bearing registration No. BR03X-4058 has been recovered from the campus of Nainizore High School. Thereafter, on verification, the engine and registration number of the said motorcycle was found stolen, which was being used fixing the forged registration number.

Learned counsel appearing on behalf of petitioners submits that, in fact, local Chowkidar is the relative of the informant, who is inimical term with the petitioners due to that reasons in respect of the recovery of the motorcycle from the campus of Nainizore High School, petitioners have falsely been implicated in this case. Further submission is that petitioner Nos.1 and 2 are father and son, whereas petitioner No. 3 is the close relative of the petitioner Nos. 1 and 2. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.13026 of 2020(3) dt.22-07-2020 3/3 bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Brahampur (Nanizore) P.S. Case No. 512 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T