Sukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25849 of 2016 Arising out of PS.Case No. -145 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Sukesh Chaudhary, son of Jagdish Chaudhary, resident of village - Chatti, P.S. Deo, District Aurangabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar No.6, Advocate. For the Opposite Party : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 02.05.2016 in connection with Town P.S. Case No. 145 of 2016 for the offences instituted under Sections 414/34 of the IPC. The prosecution story, in brief, is that the informant alongwith one police personnel stopped one motorcycle riding by two persons. The petitioner was caught but another person fled away. He also disclosed the name of fleeing person. On demand, neither he produced the paper of the motorcycle nor given satisfactory explanation rather he disclosed that he alongwith fleeing person have committed theft of the said motorcycle. On his

Patna High Court Cr.Misc. No.25849 of 2016 (3) dt.16-08-2016 2/2 confessional statement, the said motorcycle was seized and seizure list was prepared in presence of the witnesses. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.05.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. The petitioner has got no criminal antecedent. The petitioner had no knowledge that the motorcycle was a stolen property. There is no compliance of Section 100 Cr. P.C.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Town P.S. Case No. 145 of 2016. U.K./- (Sudhir Singh, J) U T