Dhobia Rajwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16144 of 2019 Arising Out of PS. Case No.-980 Year-2018 Thana- NAWADA District- Nawada ====================================================== DHOBIA RAJWAR Son of Late Sato Rajbar Resident of Village - Kusuhara,P.S.- Akbarpur, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nawada P.S. Case No. 980 of 2018 for the offences punishable under Sections 379,411 of the Indian Penal Code. The allegation is regarding recovery of one stolen motorcycle from the house of the petitioner.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and, in fact, the motorcycle, which has been alleged to be stolen, has not been recovered from the house of the petitioner and when the police had conducted raid in the house of the petitioner, some other motorcycle was recovered. It is further submitted that the petitioner is accused in one other case. Lastly, it is

Patna High Court CR. MISC. No.16144 of 2019(2) dt.29-03-2019 2/2 submitted that the petitioner is languishing in custody since 2.1.2019 and the petitioner is ready to deposit cash security. Per contra, the learned A.P.P. appearing for the State submits that the fact remains that the motorcycle recovered from the house of the petitioner is a stolen motorcycle. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner on regular bail subject to deposit of a sum of Rs. 25,000/- in the Nazarat of the concerned trial court and subject to such other condition as may be imposed by the learned court of Chief Judicial Magistrate, Nawada in connection with Nawada P.S. Case No. 980 of 2018.

It is needless to state that the deposit of Rs. 25,000/- shall be subject to the final outcome of the trial. With the aforesaid directions, the present bail petition stands disposed of.

(Mohit Kumar Shah, J) Tiwary/- U T