Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40164 of 2020 Arising Out of PS. Case No.-494 Year-2020 Thana- BAGHA District- West Champaran ====================================================== DHARMENDRA KUMAR, Son of Golden Kumar Resident of Village - Paras Nagar, Bagaha, P.s.- Bagaha, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-06-2021 Heard Mr. Ravi Shankar Sahay, learned counsel for the petitioner and Mr. Parmanand Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bagaha P. S. Case No. 494 of 2020, instituted for the offence under Section 379 of the Indian Penal Code.

The motor-cycle of the informant which was parked at a place was reported to have been stolen. The informant raised suspicion on one Suraj Sharma and Ankesh Sah. On the arrest of the aforesaid two persons, they are said to have made confession before the police

Patna High Court CR. MISC. No.40164 of 2020(2) dt.10-06-2021 2/3 which led to the arrest of one Rahul Kumar. Rahul Kumar in his statement before the police has disclosed that he used to sell stolen motor-cycles and one such stolen motor-cycle was sold by him to the petitioner. Hence, the prosecution of the petitioner in the instant case.

The learned counsel for the petitioner has submitted that the motor-cycle which was purchased by him from aforesaid Rahul Kumar is not the subject property of the present case. He had purchased the motor-cycle from Rahul Kumar without there being any knowledge about such vehicle being stolen property. The aforesaid motor-cycle was purchased on consideration. Regard being had to the afore-stated facts and taking into account the clean antecedents of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail

Patna High Court CR. MISC. No.40164 of 2020(2) dt.10-06-2021 3/3 bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Bagaha in connection with Bagaha P. S. Case No. 494 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T