Anand Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41180 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== Anand Bharti S/O Kanhaiya Prasad Resident of vilalge- Pataherawa Lathiyawa Tola, P.S.- Pataherawa, District- Kushinagar (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 414/34 of the Indian Penal Code.

Prosecution case in short is that on secret informant, the informant who is SHO of Gopalpur Police Station reached the place of occurrence and apprehended three accused persons. Two motorcycles were recovered from their possession. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 17-05-2019. Charge sheet has already been submitted. Stolen motorcycle is alleged to have been recovered from the petitioner. Stolen motorcycle is alleged

Patna High Court CR. MISC. No.41180 of 2019(2) dt.05-07-2019 2/2 to have been recovered from the petitioner. The petitioner had no knowledge that the motorcycle in question is a stolen property. The petitioner has been made accused in the present case due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gopalganj in connection with Gopalpur P.S. Case No. 76 of 2019.

(Sudhir Singh, J) A.K.V.//- U T