Ajay Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.27348 of 2018 (3) dt.24-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27348 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -BHORE District- GOPALGANJ ======================================================
1. Ajay Rai S/o Lal Babu Singh, R/o Vill.- Rudalpur, P.S.- Bhore, DistrictGopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Bhore P.S. Case No. 24/2018 registered under Sections 414, 467, 413, 468 and 420 of the Indian Penal Code.
Stolen motorcycle is said to have been recovered from the possession of the petitioner and Jhunna Pandey and one Hero Splendor Plus motorcycle was also recovered from the straw house of the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid motorcycle. As a matter of fact, the petitioner was sitting on the aforesaid motorcycle as a pillion rider without knowing it to be stolen one.
Patna High Court Cr.Misc. No.27348 of 2018 (3) dt.24-05-2018 From the seizure-list, it appears that another motorcycle was recovered from the house of Uma Shankar Baitha not from the house of the petitioner. There is nothing on record indicating the complicity of the petitioner in the occurrence barring his confessional statement recorded by the police, which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent. The petitioner has been languishing in custody since 13.01.2018 and co-accused Dina Nath Sah has been enlarged on bail by a coordinate Bench of this Court vide order dated 22.03.2018 passed in Cr. Misc. No. 16119/2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned XIIth Additional Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No. 24/2018.
(Prakash Chandra Jaiswal, J.) Rakhi U T