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Patna High CourtCR. MISC./23413/2016disposed

Satyendra Kumar v. The State Of Bihar

2016-05-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23413 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Satyendra Kumar Son of Ganesh Rai resident of village - Dipau, P.S. Kotwa, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

The prosecution case is that the informant purchased a TVS Apache motorcycle from one Niraj Kumar but transfer of ownership was not made. On 23.03.2016 the petitioner took the said motorcycle from the Dalan of the informant and it was seen by Raghav Prasad Yadav and Binod Prasad Yadav.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.23413 of 2016 (2) dt.24-05-2016 2/2 petitioner that the petitioner is the agnate of the informant and due to old enmity the petitioner has been made accused in the present case. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, the recovery has not been made from the petitioner. The aforesaid facts constitute ground for consideration of prayer for regular bail by the learned court below, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Kotwa P.S. Case No. 39 of 2016 pending in the court of learned Chief Judicial Magistrate, Motihari, East Champaran. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T