Bijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50658 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -JIYAPOKHAR District- KISANGANJ ====================================================== Bijay Kumar, Son of Nakul Singh, Resident of Village- Petbhari, P.S.- Powakhali, District- Kishanganj (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 04.08.2017 in connection with Jiya Pokhar P.S. Case No. 07 of 2017 for offences punishable under Section 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during course of vehicle checking near IndoNepal Border, he found one motorcycle without any number and intercepted the said motorcycle and the driver Md. Shahid revealed that it was stolen one. The name of the petitioner surfaced on the confessional statement of Md. Shahid.

Patna High Court Cr.Misc. No.50658 of 2017 (3) dt.19-12-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, not named in the F.I.R. and is a motorcycle mechanic where the said coaccused Md. Shahid had brought the motorcycle for repairing works. He submits that he did not know it was a stolen motorcycle and did not commit any overt act.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Kishanganj in connection with Jiya Pokhar P.S. Case No. 07 of 2017.

(Nilu Agrawal, J) Devendra/- U T