Patna High CourtCR. MISC./1401/2018bail granted

Lakshman Kumar v. The State Of Bihar

2018-01-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1401 of 2018 Arising Out of PS.Case No. -245 Year- 2017 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Lakshman Kumar, Son of Krishnadeo Saw, resident of Village-Maniyarpur, P.S. Warisnagar, District Samastipur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Warisnagar P.S. Case No. 245 of 2017 registered under Section 414/34 of the Indian Penal Code.

As per the prosecution case, a stolen motorcycle is said to have been recovered from the possession of the three accused persons including the petitioner in course of proceeding to sell it out.

It is submitted by learned counsel for the petitioner that the aforesaid motorcycle was not recovered from the possession of the petitioner rather from the possession of Dinesh Choudhary who was driving the same. Petitioner was simply a pillion rider of it as he had taken lift on the said motorcycle from

Patna High Court Cr.Misc. No.1401 of 2018 (02) dt.10-01-2018 - 2 - Dinesh Choudhary without knowing it to be stolen one. He has no concern with the aforesaid occurrence. He has no criminal antecedent. The petitioner has been languishing in custody since 28.10.2017.

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 Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No.245 of 2017.

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