Rambharosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28546 of 2019 Arising Out of PS. Case No.-321 Year-2017 Thana- MAHESI District- East Champaran ====================================================== Rambharosh Sah Son of Sakaldev Sah Resident of Village - Hasanpurwa, P.S.- Chakiya, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Mehsi P.S. Case No. 321 of 2017 registered for the offence punishable under Sections 413, 414 of the Indian Penal Code. During vehicle checking, one Santosh Kumar was apprehended along with stolen motorcycle and as per his revelation, he has taken the aforesaid motorcycle from his brother-in-law (petitioner), who had purchased it from one Radha Mohan Rai.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has no concern with the aforesaid

Patna High Court CR. MISC. No.28546 of 2019(2) dt.02-05-2019 2/2 occurrence. He has been falsely implicated in this case. Petitioner had neither purchased the aforesaid motorcycle from Radha Mohan Rai nor handed over to Santosh Kumar. He has no concern with the aforesaid motorcycle. There is nothing cogent on record indicating complicity of the petitioner in the occurrence barring confessional statement of Santosh Kumar, which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. East Champaran, Motihari in connection with Mehsi P.S. Case No. 321 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T