Arun Kumar Dubey @ Arun Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40803 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- KORANSARAI District- Buxar ====================================================== 1.

ARUN KUMAR DUBEY @ ARUN DUBEY Son of Shashi Kant Dubey @ Shashi Nath Dubey Resident of Village Kadasar, P.S.- Nawanagar, DistrictBuxar. 2.

Ajit Kumar Son of Chandan Mahto Resident of Village- Kadasar, P.S.- Nawanagar, District- Buxar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-07-2019 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Koransarai P. S. Case No. 34 of 2019 instituted for the offence under Section(s) 379, 411, 413, 414/34 of the Indian Penal Code. It has been alleged in the written report that on secret information when the informant went near Daniyaon Government Middle School, two motorcycle borne persons, on seeing the police party, started fleeing away, who, on chase, were apprehended. The apprehended accused persons disclosed their names as Santosh Kumar and Ritesh Kumar. The apprehended accused persons disclosed that they used to take the stolen motorcycles from one Raj Kumar Yadav and Lalu

Patna High Court CR. MISC. No.40803 of 2019(2) dt.08-07-2019 2/3 Yadav and sell them in the market on commission. They further disclosed that aforesaid motorcycle is stolen property which was given to them by one Raj Kumar Yadav @ Dhanji Yadav for selling it in the market. They further disclosed that the petitioners and other co-accused persons have assembled near Kali Mandir to sell the stolen motorcycles which were given to them by co-accused Raj Kumar Yadav and Lalu Yadav. The police thereafter raided the place which was identified by the apprehended accused persons and arrested the petitioners including other co-accused persons along with stolen motorcycles.

The learned counsel for the petitioners has submitted that petitioners have no criminal antecedents and except confession, nothing has come against the petitioners during investigation. In fact, the petitioners were only accompanying the co-accused who had purchased the alleged stolen motorcycle from another co-accused. During investigation, several witnesses have denied involvement of the petitioners in sale of stolen motorcycles.

Petitioners are in custody since 19.4. 2019.

Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.40803 of 2019(2) dt.08-07-2019 3/3 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM Buxar, in connection with Koransarai P. S. Case No. 34 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) shyambihari/- U T