Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16568 of 2016 Arising Out of PS.Case No. -331 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Niraj Kumar, S/o Lalu Sahni @ Lal Babu Sahni, R/o Village- Chandparana, P.S.- Minapur, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

The prosecution case is that informant's Splendor Plus motorcycle was stolen on 05.09.2015, leading to registration of First Information Report. The First Information Report was registered on 06.09.2015 against unknown. During investigation the name of the petitioner sprang up on the confession of co-accused Brajesh Kumar.

Subsequently, the motorcycle was recovered from the house of Amod Kumar Sahni. It is submitted by the learned counsel for the petitioner that due to political rivalry Brajesh Kumar named the petitioner. Neither any recovery has been made from the

Patna High Court Cr.Misc. No.16568 of 2016 (2) dt.18-04-2016 possession of the petitioner nor the petitioner has any criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri S.K. Tripathi, J.M., Ist Class, Muzaffarpur in connection with Minapur P.S. Case No. 331 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.

(Dinesh Kumar Singh, J) P.K./- U T