Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51916 of 2014 Arising Out of PS.Case No. -251 Year- 2013 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Chandan Kumar, S/O Sri Sikindra Singh, Resident of Village - Mukundpur Singhara, P.S.- Mahua, District - Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate. For the Opposite Party/s : Mr. Sanjay Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-01-2015 Heard both sides.
The petitioner Chandan Kumar seeks bail in Mahua P.S. Case No. 251 of 2013, registered for the offences punishable under Sections 379, 411 and 414 of the Indian Penal Code. The informant alleged that he purchased a motorcycle from the petitioner at a price of Rs. 25000/-. The informant gave Rs. 10,000/- in advance and took the motorcycle but when the informant went to the petitioner for papers of the motorcycle the petitioner did not hand over the papers.
Learned counsel for the petitioner submits that there is no material on record to show that the petitioner committed theft of a motorcycle. The stolen motorcycle was not recovered from the possession of the petitioner rather the same was recovered from the possession of the informant and on his statement the
Patna High Court Cr.Misc. No.51916 of 2014 (2) dt.05-01-2015 petitioner has been implicated in this case.
Learned APP did not dispute the facts.
Considering the facts aforesaid and the fact that nothing has been recovered from the possession of the petitioner and on the statement of the informant that he purchased the motorcycle from the petitioner and also the petitioner is in jail since 08.09.2014, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 251 of 2013. (Prabhat Kumar Jha, J.) KKSINHA/- U T