Patna High CourtCR. MISC./44462/2017bail granted

Raj Kumar Gupta @ Pintu v. The State Of Bihar

2017-09-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44462 of 2017 Arising Out of PS.Case No. -588 Year- 2016 Thana -LAHERIASARAI District- DARBHANGA ====================================================== RAJ KUMAR GUPTA @ PINTU Son of Binod Prasad Gupta, Resident of Mohalla- Kishorilal Chowk, Ward No. 10, Police Station- Madhubani, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate. For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2017 Heard learned counsel representing the petitioner as well as learned A.P.P. for the State.

The petitioner is seeking regular bail in Laheria Sarai P.S. Case No. 588 of 2016 registered under Sections 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that in fact from perusal of the impugned order itself it would appear that the alleged recovery of the motorcycle is from the possession of four persons, therefore, it is not a case where the alleged stolen motorcycle was recovered from the exclusive possession of this petitioner. He further submits that the name of the petitioner has transpired on the basis of the confessional statement of the coaccused. One of the similarly situated co-accused, namely, Basant

Patna High Court Cr.Misc. No.44462 of 2017 (2) dt.19-09-2017 2/2 Kumar Sharma has been granted regular bail by a co-ordinate bench of this Court in Cr. Misc. No. 40332/2017. Learned A.P.P. for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, let the petitioner, namely, Raj Kumar Gupta @ Pintu, be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheria Sarai P.S. Case No. 588/2016, subject to the conditions as laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Dilip, AR U T