Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.510 of 2017 Arising Out of PS.Case No. -602 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== Chhotu Kumar, Son of Prabhat Patel @ Prabhat Kumar, Resident of Near Goraiya Asthan, East Ram Krishna Nagar, P.S. Ram Krishna Nagar, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 15.10.2016 in connection with Kankarbagh P.S. Case No. 602/16 for offences punishable under Sections 413, 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during patrolling they apprehended the petitioner along with Apache motorcycle and when petitioner was asked he did not produce any paper with regard to the said motorcycle, but stated that he has purchased the same from one Chandan Kumar. It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in

Patna High Court Cr.Misc. No.510 of 2017 (2) dt.16-01-2017 2/2 the aforesaid case. He submits that petitioner had purchased the said motorcycle from one Chandan Kumar for a sum of Rs. 37,000/-, had made part payment of Rs. 2,000/- and subsequently had paid Rs. 32,000/- to him and just because he had not paid the entire money the vehicle could not be transferred or registered in his name. It is submitted that said Chandan Kumar has also affirmed that he had received part payment from the petitioner, which is evident from Annexure-2 to this petition. However, learned APP for the State opposes the prayer for bail.

Be that as it may, considering the facts and circumstances, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Smita Raj, learned Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P.S. Case No. 602/16.

(Nilu Agrawal, J) Rajesh/- U T