Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8228 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ====================================================== Santosh Kumar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Uday Prasad Singh, Advocate. For the Opposite Party : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 414, 420, 468 and 467/34 of the Indian Penal Code.

One Vijay Prasad Yadav was apprehended with motorcycle with fake registration number suspected to be stolen one. Subsequently, one motorcycle with genuine registration number was recovered from possession of the petitioner which was found registered in the name of Vijay Prasad Yadav. The petitioner claims to have purchased the said motorcycle but the said motorcycle was not

Patna High Court Cr.Misc. No.8228 of 2015 (2) dt.04-03-2015 2 / 3 transferred in the name of the petitioner.

It is submitted by learned counsel for the petitioner that this is not the case of the prosecution that the seized motorcycle from possession of the petitioner was stolen one or having fake registration number. A statement has been made in paragraph no. 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Chhabilapur P.S. Case No. 65 of 2014 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Nalanda, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The bail bonds of the petitioner shall be accepted on affidavit being filed before the learned court below that the petitioner will co-operate in investigation and the said affidavit shall be transmitted by the learned court below to the concerned Investigating Officer of the present case.

Patna High Court Cr.Misc. No.8228 of 2015 (2) dt.04-03-2015 3 / 3 Non co-operation in investigation by the petitioner will give liberty to the prosecution to file an application for cancellation of bail of petitioner. U.K./- (Dinesh Kumar Singh, J) U T