Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43938 of 2019 Arising Out of PS. Case No.-302 Year-2018 Thana- KHARIK District- Bhagalpur ====================================================== GAURAV KUMAR S/o Gopal Mandal R/o village- Raghopur, P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kharik P.S. Case No.302 of 2018 registered under Section 414 of the Indian Penal Code.

The accusation is that in the morning of 13.12.2018, the petitioner came with a red colour Hero Honda Passion Prero motorcycle having no registration number in front of the motorcycle garage of Shankar Mandal, where the informant was present from before, and asked the informant that he is selling the motorcycle at Rs.9000/- and also asked the informant to purchase the same. When the informant asked the informant to show the paper of the motorcycle, then he did not produce any paper of the motorcycle but started giving pressure to the informant to purchase the same. The

Patna High Court CR. MISC. No.43938 of 2019(2) dt.17-07-2019 2/2 informant raised suspicion that the said motorcycle is stolen motorcycle. In the meantime, the petitioner fled away from there leaving the motorcycle. Thereafter, the motorcycle was handed over to the police.

Learned counsel appearing on behalf of the petitioner submits that due to earlier dispute, the informant got managed to implicate the petitioner falsely in the present case. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Naugachia, DistrictBhagalpur, in connection with Kharik P.S. Case No.302 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T