Basudeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39511 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Basudeo Kumar, son of Shri Narayan Sah, resident of village Madhubani Ghat, P.S. Muffasil Motihari, District East Champaran. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Pipra Kothi P.S. Case No. 100 of 2017 registered under Section 392 of the Indian Penal Code.

As per the prosecution case, motorcycle of the informant containing golden and silver ornaments in the dicky was looted by four motorcycle borne criminals and accused persons including the petitioner were apprehended by the patrolling party in connection with the said occurrence.

It is submitted by learned counsel for the petitioner that the stolen motorcycle and the jewelry was not recovered from his conscious physical possession rather the motorcycle, which was recovered from his possession, is hailing to his cousin,

Patna High Court Cr.Misc. No.39511 of 2017 (02) dt.19-08-2017 -2namely, Munna Kumar Sharma. Petitioner has no concern with the said occurrence. On the date of occurrence he had gone to village Bakhari and on the way back to his house the police apprehended him and falsely implicated in this case. He has been languishing in custody since 08.06.2017.

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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No.100 of 2017.

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