Patna High CourtCR. MISC./38072/2018bail granted

Dharmendra Yadav v. The State Of Bihar

2018-07-05Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38072 of 2018 Arising Out of PS.Case No. -340 Year- 2018 Thana -KHAGARIA District- KHAGARIA ====================================================== Dharmendra Yadav, S/o Shambhu Yadav, Resident of VillageRaghunathpur, P.S.- Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Khagaria (Muffasil) P.S. Case No. 340 of 2018 for offences punishable under Sections 414/34 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that while on patrolling duty, they apprehended two persons including the petitioner for driving a motorcycle which was alleged to be stolen one. It was revealed by the petitioner, who was driving the said vehicle, that he had got it from one Dablu Tati three months back for consideration of Rs. 5000/- and was going to sell the same in the market.

Patna High Court Cr.Misc. No.38072 of 2018 (2) dt.05-07-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and did not know that the said motorcycle was stolen one. He submits that while other co-accused Mirtunjay Rai was released by the police but the petitioner was arrested and is languishing in judicial custody since 26.05.2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the period of custody, 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, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 340 of 2018.

(Nilu Agrawal, J) Devendra/- U T