Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54213 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Pawan Kumar Son of Karu Singh Resident of Village- Targir (Pandey Tola), P.S.- Akbarpur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 379 of the Indian Penal Code.

Allegedly, the motorcycle of the informant, parked outside the hotel, was found missing.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 27-05-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. The alleged motorcycle is alleged to have been recovered from the petitioner. The petitioner had no knowledge that the motorcycle in question is a stolen property. The petitioner has

Patna High Court CR. MISC. No.54213 of 2019(2) dt.28-08-2019 2/2 been made accused in the present case due to mistake of fact. The offence is triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-Ist, Nawada in connection with Akbarpur P.S. Case No. 144 of 2019.

(Sudhir Singh, J) A.K.V.//- U T