Ramesh Prasad @ Aditya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47944 of 2019 Arising Out of PS. Case No.-344 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== RAMESH PRASAD @ ADITYA Son of Fagu Prasad Resident of Village - Mishraulia, P.S.- Guthni, Dist.- Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithvi Nath Mishra For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Chapra Town P.S. case No. 344/2019, instituted for offence under Section(s) 379 of the Indian Penal Code. Later on Sections 411 and 120(B) of the Indian Penal Code were also added.

It is alleged in the written report that on 19.06.2019 informant/ Police Inspector of Town P.S. had seized a motorcycle, loaded with 70 litres of country made liquor in Chapra Town P.S. Case No. 341/2019. The motorcycle was kept in the premises of police station. The informant went to control law and order in the evening. When he came back to the police station he did not find the motorcycle.

Learned Addl. Sessions Judge Vth, Saran at Chapra has mentioned in the impugned order that in para 30 of case

Patna High Court CR. MISC. No.47944 of 2019(2) dt.07-08-2019 2/2 diary it is found mentioned that during investigation one Sujeet Kumar was caught with stolen motorcycle. He had confessed before the police that he had given Rs. 20,000/- to the petitioner to bring out motorcycle from the police station. It has come in para 35 of case diary that pursuant to confession of Sujeet Kumar, Rs. 20,000/- was recovered from the person of petitioner.

Learned counsel for the petitioner has submitted that petitioner was posted in the same police station. The alleged recovered amount was the personal money of petitioner. Petitioner is in custody since 21.06.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. case No. 344/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T