Gauri Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17160 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- EAST COLONY District- Munger ====================================================== GAURI SHANKAR MANDAL Son of Late Bindeshwari Mandal Resident of Village - Hasanganj English, P.S. Kashim Bazar, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with East Colony P.S.Case no.83 of 2018, registered for offences punishable under Section 379 of the Indian Penal Code.

Allegation as per FIR is that the petitioner has kept the motorcycle of the informant in spite of knowing the fact that it does not belong to the petitioner.

Submission of the learned counsel for the petitioner is that earlier he had lodged a case for theft of his motorcycle as the motorcycle was of similar colour, which had been recovered by the police and the same has been handed over to the petitioner and in good faith, he was using the same. He has no criminal antecedent.

Patna High Court CR. MISC. No.17160 of 2019(2) dt.26-03-2019 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM I, Munger in connection with East colony P.S.Case nO.83 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T