Patna High CourtCR. MISC./32079/2016bail granted

Chunnu Kumar v. The State Of Bihar

2016-08-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32079 of 2016 Arising Out of PS.Case No. -427 Year- 2015 Thana -GARDANIBAGH District- PATNA ====================================================== Chunnu Kumar Son of Munna Saw resident of Goriya Math, Shiv Mandir, Renter in the house of Vikash Kumar, P.S.- Gardanibagh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-08-2016 Heard Sri Pramod Kumar, learned counsel for the petitioner and Dr. Tapeshwar Sharma, learned A.P.P. The sole petitioner, who is in custody since 14.12.2015 in Gardanibagh P.S. Case No. 427 of 2015 registered for the offence under section 417, 420, 414 & 34 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that since the petitioner failed to produce the owner book and relevant paper of the motorcycle which he had purchased from a person the petitioner has been made accused on an allegation of keeping the stolen motorcycle. There was no case that the recovered motorcycle was stolen from anywhere even then petitioner was maliciously made accused and he is rotting in jail

Patna High Court Cr.Misc. No.32079 of 2016 (2) dt.17-08-2016 2/2 since 14.12.2015. It was also submitted that petitioner is having clean antecedent which fact has been mentioned in paragraph no. 3 of the petition.

Learned A.P.P. has opposed the prayer for bail. However keeping in view the nature of accusation and period of custody, let the petitioner Chunnu Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar -V, Judicial Magistrate 1st Class, Patna , District - Patna / concerned court in connection with Gardanibagh P.S. Case No. 427 of 2015.

(Rakesh Kumar, J) Praful/- U T