Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31650 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Rahul Kumar, son of Dinesh Singh, resident of Village Silaodih, P.S. Silao, District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate.

For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2017 Heard Sri Bijay Prakash Singh, learned counsel for the petitioner, and Sri Satyendra Prasad, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laheri P.S. Case No. 47/2017 registered under Section 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that the only allegation against the petitioner is that he fled away leaving the motorcycle bearing registration no. BR 52A 8434 when the police party reached in the Show Room. He further submits that the allegation of keeping a stolen motorcycle is false as the said motorcycle belongs to one Nandan Kumar and the papers relating to ownership of said Nandan Kumar may be produced in the court below.

Patna High Court Cr.Misc. No.31650 of 2017 (2) dt.13-07-2017 2/2 Learned counsel has impressed upon this Court that the petitioner is a student and having passed his 12th Class is presently doing coaching for competitive exams, therefore, his career would be jeopardized if he is put behind the bar. Learned A.P.P. opposed the prayer for anticipatory bail and submitted that the petitioner was in possession of stolen motorcycle which he left on seeing the police party.

In the facts and circumstances stated here-in-above and considering that in paragraph 3 the petitioner has stated that he has no criminal antecedent, if the petitioner or said Nandan Kumar is able to satisfy the learned Magistrate that the paper of ownership of the said motorcycle is there, let the petitioner, named above, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Nalanda at Biharsharif in connection with Laheri P.S. Case No. 47/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.