Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26984 of 2020 Arising Out of PS. Case No.-182 Year-2020 Thana- MAHUA District- Vaishali ============================================== CHHOTU KUMAR S/O Harvansh Ray Resident of VIllage - Mahua Singh Ray, P.S.- Mahua, District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr. Abhay Kumar Rai ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-10-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, who is in custody since 12.09.2019 seeks bail in connection with Mahua P.S. Case No. 182 of 2020 dated 03.04.2020 instituted for offence under Section 394 of the Indian Penal Code.

It has been alleged in the First Information Report that the informant was waylaid by three miscreants and his motorcycle and personal belongings were snatched. The informant identified one of the miscreants as Gosai Mali, who was taking the name of another person as

Patna High Court CR. MISC. No.26984 of 2020(2) dt.19-10-2020 2/3 Fannu, who actually fled away with the motorcycle. It has been submitted on behalf of the petitioner that two persons have been named in the First Information Report and one other person has been named accused as an unknown person.

The petitioner appears to have been arrested in this case only on the suspicion and the confessional statement of co-accused Rahul Kumar, who had been arrested and he had disclosed that had purchased the looted motorcycle from one Vikash Kumar and Jasvir Singh and, thereafter, had sold the same to the petitioner/ Chhotu Kumar.

The petitioner is the third hand purchaser of the motorcycle. The petitioner had no idea that the motorcycle in question was a stolen property.

The petitioner is in custody since 24.04.2020 and is a person of clean antecedent.

Regard being had to the afore-stated facts, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand)

Patna High Court CR. MISC. No.26984 of 2020(2) dt.19-10-2020 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 182 of 2020.

(Ashutosh Kumar, J) sunilkumar/- U T