Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35163 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== HIMANSHU KUMAR Son of Brajesh Kumar Shrivastaw @ Brajesh Kumar Resident of Village- Raghunathpur, P.S.- Turkauliya (Raghunathpur O.P.), District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 08.03.2019 in a case registered for the offence punishable under Sections 413 and 414 of the Indian Penal Code. The prosecution case is that the petitioner was intercepted while travelling on a motorcycle and on demand being made by the police, he failed to produce any document with regard to the vehicle in question and admitted that the vehicle is stolen one. The petitioner also admitted that he used to commit theft of the motorcycles from different places. It is submitted by learned counsel for the petitioner that only on suspicion, the accusation has been levelled and a
Patna High Court CR. MISC. No.35163 of 2019(2) dt.29-05-2019 2/2 statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the stolen motorcycle was recovered from the conscious physical possession of the petitioner.
Considering the period under custody, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran at Motihari in connection with Motihari Town P.S. Case No.159 of 2019.
(Dinesh Kumar Singh, J) Ashwini/- U T