Patna High CourtCR. MISC./46083/2015bail granted

Rajiv Kumar Rai v. The State Of Bihar

2016-02-11Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46083 of 2015 Arising Out of PS.Case No. -113 Year- 2015 Thana -DHAMDAHA District- PURNIA ======================================================

1. Rajiv Kumar Rai Son of Mado Rai, Resident of Village Amari Kukraon, P.S. Dhamdaha, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 07.05.2015 in connection with a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

Diary in this case was called for earlier which has since been received.

Learned counsel for the petitioner submits that though the alleged recovery is said to have been made from the petitioner actually motorcycle so seized belonged to him for which he has filed the relevant documents. So far as the other motorcycle is concerned, which is purported to have been seized from his premises, he submits that the motorcycle has not been recovered from his conscious possession rather it was recovered from the door step of

Patna High Court Cr.Misc. No.46083 of 2015 (3) dt.11-02-2016 P2/2 the petitioner for which he cannot be held responsible. Considering the aforementioned facts and circumstances of the case and that the petitioner has been in custody since 07.05.2015 and also that the petitioner has one other case in which he was remanded after being taken into the custody, let the petitioner Rajiv Kumar Rai be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Dhamdaha P.S. Case No. 113 of 2015.

(Anjana Mishra, J) Saif/- U T