Chandan Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21919 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== CHANDAN KUMAR DAS, aged about 24 years (M), S/O Late Kesho Ram, R/O Village- Chiraila, P.S.- Muffasil, District- Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Shiva Shankar Sharma,Advocate.
For the Opposite Party :
Mr. Kalyan Shankar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 27.01.2019 in a case for the offence registered under Sections 413 and 414/34 of the I.P.C.
The prosecution story, in brief, is that the police got information that the petitioner is having a stolen bike. On this information, police went to the house of the petitioner and near his house, Apache Motorcycle was recovered on which two boys were sitting. They tried to escape, but they were chased and caught by the police. First boy was the petitioner and another boy was Dharmendra Kumar. The petitioner was caught red handed with stolen bike.
It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.21919 of 2019(2) dt.08-05-2019 2/2 petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused in the present case due to mistake of fact. The petitioner had no knowledge that the Motorcycle was a stolen property. Other coaccused has been granted bail by another Co-ordinate Bench of the Court vide Cr. Misc. No. 19695 of 2019 order dated 01.04.2019.
On behalf of the learned counsel for 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 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gaya, in connection with Muffasil P.S. Case No. 31/2019. (Sudhir Singh, J) U.K./- U T