Manish Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28010 of 2016 Arising Out of PS.Case No. -286 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Manish Kumar Sharma, S/o Manoj Kumar Sharma, Resident of vill.- Kataroo, P.s.- Paroo, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Kumar, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 413 and 414 of the I.P.C. The prosecution story, in brief, is that on the alleged date and time of occurrence on getting confidential information the informant along with other police personnel went near the Line Hotel of Narain Rai situated on N.H. 28, Motipur. On seeing them the miscreants started to flee on four motorcycles. They were apprehended by the police, who disclosed their names as the petitioner and other co-accused. After search one stolen Apache motorcycle was recovered from the petitioner and three stolen motorcycles were recovered from the co-accused. The accused persons could not produce documents regarding ownership of the

Patna High Court Cr.Misc. No.28010 of 2016 (3) dt.02-09-2016 2/2 motorcycles. The accused persons seem to be habitual criminals in dealing with the stolen motorcycles.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.10.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner had no knowledge regarding the motorcycle being stolen property. He has been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned S.D.J.M. West, Muzaffarpur in connection with Motipur P.S. case No.286 of 2015 corresponding to G.R. No.2667 of 2015. (Sudhir Singh, J) Narendra/- U T