Chandan Kumar @ Chandan Kuamr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 26956 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- Hisua District- Nawada ====================================================== Chandan Kumar @ Chandan Kuamr S/o Manik Singh, R/o Vill. Bajra, P.S. Hisua, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-05-2018 Heard Sri Amresh Kumar Sinha, learned counsel for the petitioner and Sri Jitendra Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Hisua P.S. Case No. 46 of 2018 registered for offence under Sections 413 & 414 of the Indian Penal Code, has prayed for grant of bail. At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph -3 of the petition to show that petitioner is having clean antecedent. He further submits that ofcourse, police had conducted raid in the house of the petitioner, but nothing was recovered. Only one motorcycle of the petitioner, which was having original paper, was also seized by the police on an accusation that it was stolen. Subsequently, search was conducted in the house of another accused namely Durga Chaudhary and from his house, seven

Patna High Court Cr.Misc. No.26956 of 2018(2) dt.04-05-2018 2/2 motorcycles were shown to be recovered and thereafter, the case was made out as if from the house of petitioner, two motorcycles were recovered and out of two motorcycles, one was stolen. Learned counsel for the petitioner has also drawn my attention to the F.I.R. and submits that the informant in the present case is none else but the police officer and in the opening line, he had stated that he had got secret information that petitioner and one another was involved in sale and purchase of stolen motorcycle. He submits that considering the clean antecedent of the petitioner, it appears that petitioner has falsely been implicated.

Be that as it may, considering the nature of accusation and clean antecedent of the petitioner, let the petitioner namely Chandan Kumar @ Chandan Kuamr be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate , Nawada in connection with Hisua P.S. Case No. 46 of 2018.

(Rakesh Kumar, J.) anay U T