Manoranjan Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.31265 of 2017 (2) dt.17-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31265 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -MAHARAJGANJ District- SIWAN ====================================================== Manoranjan Rai, S/o Bhagwan Rai, R/o Village- Harpur Kothi, Post Panditpur, P.S.-Janta Bazar, District-Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Shekhar Tiwary For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-07-2017 Heard both sides.

The petitioner apprehends arrest in connection with Maharajganj P.S.Case No. 61 of 2017 registered for an offence under Section 414 of the Indian Penal Code.

It is submitted that one motorcycle bearing registration no. BR29J 1008 was stolen by unknown persons for which Maharajaganj P.S. Case no. 52 of 2017 was registered on 31.03.2017 against unknown. The said motorcycle was recovered on 16.04.2017 by police officer, in course of patrolling duty from the possession of accused Rahul Yadav for which Maharajaganj P.S. Case no. 61 of 2017 was registered on 16.04.2017. The name of this petitioner surfaced in confessional statement of accused Rahul Yadav which was recorded by police

Patna High Court Cr.Misc. No.31265 of 2017 (2) dt.17-07-2017 after fifteen days of theft. The petitioner has been named in the case bearing Maharajaganj P.S. Case no. 52 of 2017 on the basis of said confessional statement.

It appears that the petitioner has no antecedent except above cases. The anticipatory bail prayer of this petitioner in Maharajganj P.S. Case no. 52 of 2017 has been allowed by one of the coordinate Bench of this Court vide order dated 06.07.2017 passed in Cr. Misc. no. 30145 of 2017 Considering the clean antecedent of the petitioner as also the nature of allegation, the anticipatory bail prayer of this petitioner is allowed. The petitioner above named, in the event of arrest/surrender within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth at Siwan in connection with Maharajganj P.S. Case No. 61 of 2017, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure. (Sanjay Kumar, J) rohit/- U T