Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57183 of 2017 Arising Out of PS.Case No. -486 Year- 2017 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Chandan Kumar S/o Sri Chandeshwar Prasad, R/o Vill.- Mohammadpur, P.S.- Deep Nagar, Distt.- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Bihar P.S. Case No. 486 of 2017 dated 29.08.2017 instituted for the offences under Sections 419, 420, 467, 468, 472 of the Indian Penal Code.

The petitioner was intercepted while he was coming on a motorcycle and was arrested for being in possession of stolen motorcycle, mobile phones and a number of SIM cards. It has been submitted on behalf of the petitioner that the motorcycle belongs to him and for which, he has annexed necessary ownership papers regarding the motorcycle. The petitioner also claims to possess and own the two mobile phones

Patna High Court Cr.Misc. No.57183 of 2017 (3) dt.21-12-2017 2/2 which were said to have been recovered from his possession. It has been submitted at the bar that the other SIM cards which were allegedly recovered from the petitioner, do not belong to him and they have only been planted by the police in order to add serious colour to the case. Learned counsel has also submitted that there is no complaint from any quarter with respect to theft of any motorcycle or mobile phones.

The petitioner is in custody since 29.08.2017 and does not bear any criminal antecedent.

Taking into account the aforesaid facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Bihar P.S. Case No. 486 of 2017.

(Ashutosh Kumar, J) Shageer/- U T