Patna High CourtCR. MISC./35105/2018bail granted

Pawan Kumar Singh And ANR v. The State Of Bihar

2018-07-09Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35105 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- THAWE District- Gopalganj ======================================================

1. Pawan Kumar Singh, s/o Late Dhruv Singh @ Late Dhuruv Singh, resident of Village- Koyladeva, P.S. Fulwariya, DistrictGopalganj.

2. Munna Sah @ Bullet s/o Suresh Sah resident of VillageHussepur, Nawka Tola P.S. Bhore, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar For the Opposite Party/s :

Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioners and the State.

The petitioner seeks bail in connection with Thawe P.S. Case No. 54 of 2018 dated 12.04.2018 instituted for the offence under Sections 414/34 of the Indian Penal Code.

The petitioners were found to be riding a bullet motorcycle but on enquiry by the informant/a police officer, no satisfactory explanation could be given about the possession of the same.

Learned counsel for the petitioners has however submitted that though no papers could be produced by the petitioners regarding the ownership of the motorcycle but the petitioners are in custody since

Patna High Court Cr.Misc. No.35105 of 2018(3) dt.09-07-2018 2/2 13.04.2018. It has further been submitted that the motorcycle was given to the petitioners by their friend and the petitioners had no idea that it was a stolen motorcycle. It has also been submitted that there is no case reported about the theft of the aforesaid motorcycle.

In that view of the matter, perhaps Section 414 of the Indian Penal Code would not be applicable. The petitioners have clean antecedent.

Regard being had to the custody of the petitioners and the nature of the accusation, they above named are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 54 of 2018.

(Ashutosh Kumar, J) krishna/- U T