Patna High CourtCR. MISC./173/2017bail granted

Manoj Mahto v. The State Of Bihar

2017-01-11Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.173 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Manoj Mahto, Son of Ramashish Mahto, Resident of Village- Mohabhatpur, P.S. -Deoriya, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vipin Kumar For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Devaria P.S. Case No. 73 of 2016, registered under Sections 413, 414/34 of the Indian Penal Code.

The accusation is that on secret information Police raided the house of the petitioner and recovered one Hero Splendor Pro Motorcycle, but on query no paper was produced by the petitioner showing the ownership of the motorcycle. Learned counsel for the petitioner submits that, in fact, petitioner purchased one second hand motorcycle, which is said to be seized from the house of the petitioner, from one Ram Parvesh Rai on giving cash of Rs. 25,000/- and Ram Parvesh Rai assured him to give paper of the motorcycle within one month.

Patna High Court Cr.Misc. No.173 of 2017 (2) dt.11-01-2017 2/2 In the meantime, the motorcycle was seized by the Police from the house of the petitioner as such the petitioner was bona fide purchaser of the seized motorcycle from Ram Parvesh Rai. The petitioner has no criminal antecedent is in custody since 24.08.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Muzaffarpur in connection with Devaria P.S. Case No. 73 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) manish/- U T