Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14980 of 2019 Arising Out of PS. Case No.-405 Year-2018 Thana- JOKIHAT District- Araria ====================================================== KALAM, Son of Sekh Kabiruddin Resident of Village- Lalia, Police StationJokihat, District- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 31.12.2018 in a case registered for the offence punishable under Section 414/34 of the Indian Penal Code. As per the prosecution case, from the possession of the petitioner, one stolen motorcycle was recovered. The petitioner claims to have purchased the said motorcycle from one Gazni @ Mustajir.

It is submitted by learned counsel for the petitioner that the petitioner is bona fide purchaser of the said motorcycle. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.14980 of 2019(2) dt.13-03-2019 2/2 Learned APP for the State submits that the stolen motorcycle was recovered from the possession of the petitioner.

Considering the nature of accusation, vis-a-vis statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Jokihat P.S. Case No. 405 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T