Patna High CourtCR. MISC./21937/2019bail granted

Gopal Kumar Rai @ Gopal Kumar Ray v. The State Of Bihar

2019-05-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21937 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== Gopal Kumar Rai @ Gopal Kumar Ray Son of Devendra Rai, Resident of Village-Aasha Dadri, P.S-Tajpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 414/34 of the Indian Penal Code.

The prosecution case in brief is that police intervened and arrested the petitioner rided on a motorcycle with one more person near Nakha Chowk. It is further alleged that on intervention of the police, both persons tried to flee away leaving the motorcycle. However, the petitioner was arrested. A Hero Honda Delux black coloured motorcycle without registration no. was recovered from possession of the petitioner. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-07-2018.

Patna High Court CR. MISC. No.21937 of 2019(3) dt.02-05-2019 2/2 Charge sheet has already been submitted. The petitioner was a pillion rider. The motorcycle in question was being driven by co-accused Mahesh Choudhary. The petitioner had no knowledge that the motorcycle is a stolen property. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 164 of 2018.

(Sudhir Singh, J) A.K.V.//- U T