Patna High CourtCR. MISC./17836/2016dismissed

Kabir Yadav v. The State Of Bihar

2016-05-03Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.17836 of 2016 (2) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17836 of 2016 Arising Out of PS.Case No. -80 Year- 2015 Thana -BHAWANIPUR District- PURNIA ====================================================== Kabir Yadav Son of Ghoghai Yadav, Resident of village- Pakilpar, P.S.- Bihariganj, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha,Advocate For the Opposite Party : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for bail in connection with Bhawanipur P.S. Case No. 80 of 2015 for the offences alleged under Section 392 of the Indian Penal Code which was earlier rejected by order dated 16.10.2015 in Cr. Misc. No. 37667 of 2015.

3. It is submitted that the co-accused Nawal Yadav @ Bhaso Yadav from whose possession the motorcycle was recovered, has since been granted bail by this Court in Cr. Misc. No. 44312 of 2015. A perusal of the bail order of Nawal Yadav @ Bhaso Yadav discloses that the consideration for granting bail was that he had purchased the motorcycle in

Patna High Court Cr.Misc. No.17836 of 2016 (2) dt.03-05-2016 question from the present petitioner. Learned counsel for the petitioner however, submits that the sale letter showing purchase of the motorcycle from the petitioner is forged.

4. Having heard learned counsel for the petitioner, this Court sees no reason to take a different view in the matter. The bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order. (Vikash Jain, J) Chandran U T