Aadarsh Kumar @ Adesh Kr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49623 of 2018 Arising Out of PS. Case No.-537 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Aadarsh Kumar @ Adesh Kr S/o Ram Naresh Kaib, R/o Vill.- Manda Makdampur, Samsa, P.S.- Mansurchak, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 537 of 2017 registered under Sections 379, 414 and 413 of the Indian Penal Code. A stolen motorcycle is said to have been recovered from accused Rajnish Kumar and on his confessional statement two motorcycles were recovered from accused Mritunjay parked at Begusarai Railway Station motorcycle parking and on his confessional statement two motorcycles were recovered from possession of the petitioner and accused Md. Ajmat and Raja Babu.

Patna High Court Cr.Misc. No.49623 of 2018(3) dt.20-09-2018 2/3 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. For release of one alleged motorcycle, one Sunil Kumar has filed petition before CJM, Begusarai and another motorcycle is said to be of Mritunjay Kumar. The petitioner has been falsely implicated in this case merely on suspicion while he was standing near the aforesaid motorcycle at the time of occurrence without knowing the motorcycle to be stolen one. There is nothing on the record indicating the complicity of the petitioner in the occurrence. Though one more criminal case has been lodged against the petitioner, but he is on bail in the said case and similarly situated co-accused, namely, Md. Ajmat and Raja Babu @ Raja Babu Kumar have been enlarged on bail by different co-ordinate Benches of this Court vide order dated 15.01.2018 and 01.02.2018 passed in Cr. Misc. Nos. 2097 of 2018 and 5291 of 2018 respectively.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Additional Chief Judicial Magistrate-IV, Begusarai in connection with

Patna High Court Cr.Misc. No.49623 of 2018(3) dt.20-09-2018 3/3 Begusarai Town P.S. Case No. 537 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T