Ajay Kumar Yadav @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33009 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- KARJAIN District- Supaul ====================================================== Ajay Kumar Yadav @ Ajay Kumar Son of Chulhai Yadav @ Chulai Yadav Resident of Village - Lalman Patti, P.S. - Ratanpur, District - Supaul ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun, Adv.

Mr. Agreya Pratap, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Karjain P.S.Case No. 08 of 2019 registered under Sections 413 and 414 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that there is no truth behind the allegation that the petitioner habitually deals in stolen property or he assisted in any manner in concealment of the stolen property. As a matter of fact, the motorcycle alleged to have been recovered from his possession was purchased by him from one Raushan Kumar at the cost of Rs.9,000/- for which Rs.7,000/- was already paid and Raushan Kumar had promised to hand over the papers of

Patna High Court CR. MISC. No.33009 of 2019(2) dt.20-05-2019 2/3 the motorcycle for transfer after receipt of Rs.2,000/-. The petitioner was not at all aware of the fact that the motorcycle in question, which he had purchased from Raushan Kumar, was a stolen property. It is further contended that the petitioner has got no criminal antecedent and he is in custody since 30.01.2019. Learned counsel for the State opposed the application for grant of bail to the petitioner.

Considering the period undergone by the petitioner in custody as also the fact that the investigation of the case has been completed and custodial interrogation of the petitioner is not warranted, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Birpur (Supaul) in connection with Karjain P.S. Case No. 08 of 2019, subject to the conditions : (a) that the petitioner shall attend court in accordance with the conditions of the bond executed;

(b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.33009 of 2019(2) dt.20-05-2019 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Pradeep/- U T