Balendra Rai @ Bijendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30219 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -MAHESI District- EAST CHAMPARAN(MOTIHARI) ====================================================== Balendra Rai @ Bijendra Rai, Son of Jagat Rai, resident of VillageChaknagari, P.S.- Mehsi, District- East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Mehshi P.S. Case No.233 of 2016 for allegedly having committed the offence under Section 414/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the stolen Bolero vehicle was sought to be sold in the village. The person, who was arrested along with the vehicle, has disclosed the name of the petitioner saying that they together had tried to dispose of the vehicle. However, neither was the recovery made from the possession of the petitioner nor can it be said that the petitioner was taking part in the alleged sale
Patna High Court Cr.Misc. No.30219 of 2017 (3) dt.20-07-2017 2/2 of the vehicle.
Considering the fact that the name of the petitioner has surfaced on the basis of the statement made by co-accused Dilip Kumar Rai and that such statement made by the coaccused has no evidentiary value, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Motihari, East Champaran, in connection with Mehshi P.S. Case No.233 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T