Patna High CourtCR. MISC./23269/2017bail granted

Sunny Kumar v. The State Of Bihar

2017-06-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23269 of 2017 Arising Out of PS.Case No. -195 Year- 2016 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Sunny Kumar, Son of Sanju Kumar, Resident of Mohalla - Shiv Colony (Bangali Para) Police Station - Rajgir, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for grant of anticipatory bail in connection with Rajgir PS case no. 195 of 2016 registered for the offences punishable under Sections 379 of Indian Penal Code. It has been alleged that the informant had parked his motorcycle before going for taking bath in the kund but when he returned, he found his motorcycle missing. FIR has been lodged against unknown persons.

Learned counsel for the petitioner submits that the motorcycle was recovered from one Ashok Kr. Goswami, who in his statement had named the present petitioner as one of his accomplice. It has been further submitted that the petitioner has no

Patna High Court Cr.Misc. No.23269 of 2017 (2) dt.12-06-2017 2/2 criminal antecedent.

Having heard both sides and having regard to the facts and circumstances of the case as also the fact that the petitioner has no criminal antecedent and the motorcycle has not been recovered from his possession, I find it a fit case for grant of anticipatory bail.

Accordingly, abovenamed petitioner is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-IV, Nalanda at Biharsharif in Rajgir PS case no. 195 of 2016 subject to the conditions enumerated under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J.) rinkee/- U T