Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31850 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -SAMASTIPUR District- SAMASTIPUR ======================================================

1. Mukesh Kumar Son of Laxman Rai, Resident of Village-Mehshi, P.S.- Bibhutipur, District-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Fahad Khurshid For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 379/411 of the Indian Penal Code.

Learned counsel for the petitioner submits that neither was stolen vehicle recovered from the possession of the petitioner nor was he named in the First Information Report. It is submitted that the name of the petitioner has surfaced in the confessional statement made before the police by Pawan Kumar who was arrested along with the motorcycle which is alleged to have been stolen.

Considering the fact that the petitioner's name has come on the basis of the statement of the co-accused Pawan Kumar made before the police which has no evidentiary value and with whom

Patna High Court Cr.Misc. No.31850 of 2017 (2) dt.27-07-2017 P2/2 the petitioner is having previous enmity, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds 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 Samastipur (Town) P.S. Case No. 56/2017 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T