Patna High CourtCR. MISC./4633/2016bail granted

Abhisek Kumar @ Ripu v. The State Of Bihar

2016-02-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4633 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Abhishek Kumar @ Ripu Son of Kishori Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 412 of the Indian Penal Code.

Prosecution case is that one Dharmendra Kumar was apprehended with a motorcycle, suspected to be stolen one. Subsequently, he disclosed that he purchased the alleged motorcycle from the petitioner after paying Rs.20,000/-. It is submitted by learned counsel for the petitioner that there is nothing on record to suggest that the petitioner sold the alleged motorcycle to the apprehended co-accused Dharmendra Kumar and only on oral confession of the co-accused he has been roped in the present case. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.4633 of 2016 (2) dt.04-02-2016 2/2 Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Jehanabad, in connection with Makhdumpur P.S. Case No.189/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Ashwini/- U T