Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43641 of 2016 Arising Out of PS.Case No. -144 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Binod Yadav son of Prikshan Yadav resident of Village- Mirhatti, Navtolia, P.S.- Sultanganj, Dist- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vivekanand Vivek For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sultanganj P.S. Case No. 144 of 2016 registered under Sections 420, 379 and 413 of the Indian Penal Code. The allegation of informant Chhotu Kumar is that he purchased a motorcycle bearing registration no. BR35AG-0822 from this petitioner on assurance that he will supply the paper of motorcycle after one or two days, but the petitioner did not hand over the paper. In the meantime, the Police reached at his house on 05.08.2016 and made query about the motorcycle and asked to produce the paper of motorcycle. Since the petitioner had not handed over the paper of motorcycle, so he could not produce the paper. The informant went at the house of the petitioner for

Patna High Court Cr.Misc. No.43641 of 2016 (2) dt.17-10-2016 2/2 demanding paper, but he was not at his house. Thereafter, the informant handed over the motorcycle at the Police Station to the Police.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the theft motorcycle was recovered from the house of the informant, who disclosed about purchase of motorcycle to the petitioner. In fact, the petitioner used to live at Delhi for his livelihood since 2011, but the petitioner has falsely been implicated in this case due to dirty village politics.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-I, Bhagalpur in connection with Sultanganj P.S. Case No. 144 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T