Patna High CourtCR. MISC./31900/2017allowed

Pankaj Thakur @ Pankaj Kumar Thakur v. The State Of Bihar

2017-07-21Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31900 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -BIHIYA District- BHOJPUR ====================================================== Pankaj Thakur @ Pankaj Kumar Thakur Son of Shiv Narayan Thakur, Resident of Village- Bhual Chapra Badki Nauranga, P.S.- Bairya, DistrictBalia, Uttar Pradesh. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the State. Petitioner is an accused in connection with Bihiyan P.S. Case No. 90 of 2017 for the offence under section 379 of the Indian Penal Code.

Allegation against the petitioner is that he was involved in theft of motorcycle bearing registration no. BR03J8316.

Submission on behalf of the petitioner is that nothing was recovered from the possession of the petitioner. The stolen motorcycle was recovered in front of the temple and no effort was made to ascertain who was involved in the commission of crime. Inasmuch as the CCTV camera installed at the gate of the bank

Patna High Court Cr.Misc. No.31900 of 2017 (2) dt.21-07-2017 2/2 side and other places was not taken note to ascertain the real culprit. The 'Durga Mandir' from where the motorcycle was recovered was a public place and as such the petitioner cannot be fasten with any criminal accountability because he was present at the place where motorcycle was standing.

Considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Bhojpur at Ara, in connection with Bihiyan P.S. Case No. 90 of 2017 on the condition that the petitioner will cooperate in the trial and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T