Raj Kumar @ Raj Kumar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28242 of 2019 Arising Out of PS. Case No.-677 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== RAJ KUMAR @ RAJ KUMAR MUKHIYA, aged about 28 years (Male), Son of Braj Kishor Mukhiya @ Brij Kishor Mukhiya @ Brij Kishor, resident of Village- Bathna, P.S.- Banjariya, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar No.III, Advocate.

For the Opposite Party :

Mr.Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 13.10.2018 in a case for the offence registered under Sections 379 and 411 of the I.P.C.

The prosecution story, in brief, is that the informant had purchased a Motorcycle bearing Registration No. BR06AC-0753, Chassis No. MBWA06EZCGDOO136, Engine No. JA06EFCGDO1960 from one Santosh Kumar but owner book has not yet been transferred in his name and the said Motorcycle has been stolen away from his door in the Midnight on 06/07.10.2018.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.28242 of 2019(4) dt.20-06-2019 2/2 petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The stolen Motorcycle is said to have been recovered by the side of house of the petitioner. The petitioner had no knowledge that the said Motorcycle is a stolen property. He has been made accused in the present case due to mistake of fact.

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. Motihari, East Champaran, in connection with G.R. Case No. 7153 of 2018, arising out of Turkauliya (Banjariya) P.S. Case No. 677 of 2018.

(Sudhir Singh, J) U.K./- U T