Subash Kumar @ Subhash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47295 of 2015 Arising Out of PS.Case No. -155 Year- 2015 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Subash Kumar @ Subhash Kumar Yadav Son of Deepak Yadav Resident of village - Murila, Ward No. 1, P.S. Ram Nagar, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Lalan Kumar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Ram Nagar P.S. Case No. 155 of 2015 registered for offence punishable under Section 407 of the Indian Penal Code. The prosecution case, in brief, is that the informant had purchased Bolero vehicle, bearing Registration No. BR 01 PB4467 from one Mukesh Kumar, son of Awadhesh Sing, resident of village Fatehpur,P.S. Dhanaruwa, District Patna in the month of February, 2015 and for transfer of the ownership of the said vehicle, deposited the paper in D.T.O., Patna. Petitioner was driving his Bolero for the last five months. On 31.07.2015, in the

Patna High Court Cr.Misc. No.47295 of 2015 (3) dt.09-03-2016 2/3 morning, informant had sent the petitioner to Patna Junction with Bolero for receiving his relatives, but he disappeared along with Bolero vehicle. It is further alleged that petitioner has intentionally taken away Bolero vehicle of the informant.

It has been submitted by the counsel for the petitioner that petitioner is innocent and has not committed any offence nor has any criminal history. It has further been submitted that the First Information Report has been lodged after inordinate delay of the alleged date of occurrence. It has further been submitted that the very ownership of the said vehicle belonging to the informant is doubtful, as no paper has been produced and only on the basis of suspicion, petitioner has falsely been implicated. Learned A.P.P. for the State, on the other hand, submits that perusal of various paragraphs of the case diary, complicity of the petitioner is evident and the vehicle has not yet been recovered and, thus, opposes the prayer for bail.

Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.47295 of 2015 (3) dt.09-03-2016 3/3 Additional Chief Judicial Magistrate, Bagaha, District West Champaran in connection with Ram Nagar P.S. Case No. 155 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Nilu Agrawal, J.) Arjun/- U T