Gunjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51393 of 2016 Arising Out of PS.Case No. -131 Year- 2016 Thana -PASRAHA District- KHAGARIA ====================================================== Gunjesh Kumar, S/o Ghanshyam Prasad Singh, Resident of Village- Bari Pasrahi, P.S.- Pasraha, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 15.10.2016 in connection with Pasraha P.S. Case No. 131/16 for offences punishable under Section 414 of the Indian Penal Code. The prosecution case is that the police while checking the vehicles on the road, intercepted the motorcycle of the petitioner and when enquired about he papers he did not produce the same and stated that he has purchased the said motorcycle from one Ajay Kumar for Rs. 14,000/-. When the police party tried to contact the said Ajay Kumar he fled away and his mobile was switched off. Thereafter the seizure-list was prepared.

Patna High Court Cr.Misc. No.51393 of 2016 (2) dt.01-12-2016 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and has falsely been implicated in the aforesaid case. He submits that the petitioner was a bona fide purchaser of the motorcycle, had paid the price of the said motorcycle and was not aware that the motorcycle was stolen one.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the period of custody, let petitioner, above named, 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 learned Chief Judicial Magistrate, Khagaria, in connection with Pasraha P.S. Case No. 131/16.

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