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Patna High CourtCR. MISC./50946/2015bail granted

Chandan Kumar Chandravanshi v. The State Of Bihar

2015-12-21Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50946 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -KORANSARAI District- BUXAR ====================================================== Chandan Kumar Chandravanshi, S/o Shambhu Chandravanshi, R/o Pipra, P.S. Nokha, District - Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52766 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -KORANSARAI District- BUXAR ====================================================== Pratish @ Bablu Manish Kumar Singh, Son of Late Ramsewak Singh Kushwaha, resident of village- Mahadah Ganchhi, P.S. Buxar (M), DistrictBuxar. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.50946 of 2015) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

(In Cr.Misc. No.52766 of 2015) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 21-12-2015 Both these applications arise out of the same Koransarai P.S. Case No.59 of 2015 registered under Sections 411, 413 and 414/34 of the Indian Penal Code. Therefore, both these applications have been heard together and are being disposed

Patna High Court Cr.Misc. No.50946 of 2015 (2) dt.21-12-2015 2/3 of by this common order.

The accusation is that in course of patrolling duty the petitioner, Pratish alias Bablu Manish Kumar Singh (in Criminal Misc. No.52766 of 2015) was seeing in standing condition inside the road with the motorcycle, who was apprehended by the police and on query, he could not produce the paper regarding the motorcycle and further disclosed the said motorcycle is stolen motorcycle and also disclosed the name of his associates as Chandan Kumar Chandravanshi (petitioner in Criminal Misc. No.50946 of 2015) and others. Thereafter, Chandan Kumar Chandravanshi (petitioner in Criminal Misc. No.50946 of 2015) was arrested by the police and on the basis of the confessional statements of the petitioners three stolen motorcycles have been recovered from the house of the other accused whereas one stolen motorcycle was recovered from the house of the co-accused, Aslam Sah.

Learned counsel appearing on behalf of the petitioners submits that, in fact, the petitioners have been apprehended by the police on mere suspicion inside the road from where the alleged motorcycle said to be stolen has been recovered by the police. Further submission is that both the petitioners having no criminal antecedents are in custody since 31.07.2015.

Patna High Court Cr.Misc. No.50946 of 2015 (2) dt.21-12-2015 3/3 Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with. Koransarai P.S. Case No.59 of 2015. Out of the two sureties, one must be close relative of the petitioners, who will file an affidavit giving genealogy as to how they are related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners. (Rajendra Kumar Mishra, J) P.S./- U T