Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51081 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sandeep Kumar, s/o Bikarma Rai, r/o Village Kishunpur, P.S. Piprakothi, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 23.06.2016 in connection with Piprakothi P.S. Case No. 88/16 for offences punishable under Sections 413, 414 and 34 of the Indian Penal Code.

The prosecution case is that the police party raided the repairing workshop of one Srikant Kumar Sharma and seized four vehicles on his confessional statement. The informant went to Jivdhara Bazar where they found the petitioner standing near a black colour Apache motorcycle bearing registration No. BR01EA-7894 but the petitioner could not produce any papers/documents regarding the said motorcycle. It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.51081 of 2016 (2) dt.28-11-2016 2/2 the petitioner that the allegation made on the petitioner is not specific as he was found standing near the motorcycle in a busy market place and, thus, does not specify whether the motorcycle was his or not. He further submits that the petitioner has no criminal history and nothing has been recovered from his possession.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and that the allegation is based only on mere suspicion, 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, East Champaran, in connection with Piprakothi P.S. Case No.88/16. (Nilu Agrawal, J.) Rajesh/- U T