Diwakar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29027 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Diwakar Das S/o Banarsi Das, Resident of Village- Hanuman Nagar, Police Station- Rosera, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-07-2016 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. One motorcycle, alleged to be stolen, was recovered from the house of the petitioner but submission on behalf of the petitioner is that prior to institution of the present case, one Rosera P.S.Case No. 03 of 2016 was lodged against the petitioner and others with accusation that some criminals had assembled in the house of the petitioner for making preparation to commit dacoity but petitioner and some others were caught on the spot. Further submission on behalf of the petitioner is that the seized motorcycle does not belong to the petitioner and the same was left by the

Patna High Court Cr.Misc. No.29027 of 2016 (2) dt.26-07-2016 2/2 person, who fled away from the place of occurrence at the time of raid by the police.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera at Samastipur in connection with Rosera P.S.Case No. 04 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T