Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66407 of 2021 Arising Out of PS. Case No.-95 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== HARENDRA SINGH Son of Sheoji Singh, Residence of village - Kadama, P.S.- Rajepur, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary Mr. J. N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as Mr. J. N. Thakur, the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 95/2021 registered for offence punishable under sections 379, 413, 414, 120-B/34 of the Indian Penal Code.

The learned counsel for the petitioner has submitted that in the FIR it has been mentioned that one Arvind Kumar Rai was arrested and he confessed that he along with co-accused Himanshu Kumar had stolen away the tractor and sold it to the present petitioner.

Patna High Court CR. MISC. No.66407 of 2021(2) dt.22-07-2022 2/2 The learned counsel for the petitioner has submitted that there is no allegation against the petitioner that he committed theft of that tractor. The FIR is clear that co-accused Arvind Kumar Rai and Himanshu Kumar had committed theft of that tractor and the petitioner is a bona fide purchaser, having no criminal antecedent.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sadar at Motihari in connection with Rajepur P.S. Case No. 95/2021, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T