Avinash Sahni @ Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46989 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -MUSRIGHARARI District- SAMASTIPUR ====================================================== Avinash Sahni @ Avinash Kumar, S/o Rohin Sahni .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section-414 of the Indian Penal Code.
One stolen motorcycle is said to have been recovered from house of the petitioner on the basis of disclosure, made by the co-accused Rakesh Sahni who was apprehended by the police in connection with Mushrigharari P.S. Case No.80 of 2016 and subsequently, other motorcycles were recovered from possession of different persons.
Submission on behalf of petitioner is that the petitioner is a bona fide purchaser and as a matter of fact, the aforesaid Rakesh Sahni made a proposal before the petitioner for purchasing of a motorcycle on less price and being trapped in the
Patna High Court Cr.Misc. No.46989 of 2016 (2) dt.27-10-2016 2/2 proposal of the aforesaid co-accused, the petitioner purchased the said motorcycle. The petitioner does not have any criminal antecedent and is languishing in jail custody since 16-07-2016. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Musrigharari P.S. Case No. 85 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Samastipur.
(Hemant Kumar Srivastava, J) A.K.V./- U T