Niraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37489 of 2016 Arising Out of PS.Case No. -213 Year- 2016 Thana -MARHAURA District- SARAN ====================================================== Niraj Kumar Singh Son of Late Ram Balak Singh resident of Village Awari, P.S. Marhowrah, District- Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Avinash For the Opposite Party : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 414 and 413/34 of the Indian Penal Code. The prosecution story, in brief, is that the informant received secret information that a theft motorcycle bearing no. BR-01BB/7621 is going towards Marhowrah station with theft parts of motorcycle and accordingly, he moved towards Marhowrah station and caught a person, who disclosed his name as the petitioner and on being demand about the paper, the petitioner did not produce the same and from his possession one green colour Tank of passion pro motorcycle, wiser mudguard etc have been recovered.

Patna High Court Cr.Misc. No.37489 of 2016 (3) dt.28-10-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.05.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner had no knowledge that the motorcycle in question happened to be a stolen one. It is further submitted that the petitioner may be released after completion of nine months in custody i.e. from 10.05.2016. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R. and a stolen motorcycle is said to have been recovered from his possession.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail, after completion of nine months in custody i.e. from 10.05.2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Chapra at Saran in connection with Marhaura P.S. Case No. 213 of 2016 corresponding to G.R. No. 3032 of 2016.

(Sudhir Singh, J.) Amit/- U T