Sarbar @ Md. Atikur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48864 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -SAKRI District- MADHUBANI ======================================================

1. Sarbar @ Md. Atikur Rahman son of Md. Mutaque Resident of village - Muriya, P.S. Bhalpatti, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2017 Heard both sides.

The petitioner apprehends his arrest in Sakari P.S. Case No. 121/2015, registered for the offences punishable under Sections 413, 414, 467, 401 and 34 of the Indian Penal Code. The informant, SHO of Sakari P.S. raided different places and recovered many theft vehicles from the possession of Vishal Chauhan but he did not produce any paper. One Xylo bearing Registration No. BR 7P 3392 was also recovered from the possession of Md. Dulare. From the house of Shankar Mahto also a vehicle was recovered.

Learned counsel for the petitioner submits that the petitioner was not arrested with any stolen vehicle. The apprehended accused disclosed the name of the petitioner and

Patna High Court Cr.Misc. No.48864 of 2016 (3) dt.10-01-2017 2/2 stated that the petitioner is in the habit of tampering with the registration number of the vehicle and used to sell the same. It is further submitted that one Xylo vehicle bearing Registration No. BR 7P 3392 is said to have been sold by the petitioner to Md. Dulare. A report was called for from Sakari P.S. and the police officer of Sakari P.S. reported to the Chief Judicial Magistrate, Madhubani that one Charu Chandra Jha admitted that he owned the vehicle and he sold the vehicle to the petitioner Sarbar on payment of Rs. 11,500/- per month.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Sakari P.S. Case No. 121/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T