Patna High CourtCR. MISC./25897/2017bail granted

Manish Kumar v. The State Of Bihar

2017-07-04Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25897 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -PIRO District- BHOJPUR ======================================================

1. Manish Kumar S/o Sheo Shankar @ Ghutani Singh resident of VillageBalua Tola, P.S.- Piro, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in custody since 04.04.2017 in connection with Piro (Hassan Bazar) P.S. Case No. 85/17 for the offences alleged under Sections 379, 411, 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that while on checking duty they intercepted one Passion Motorcycle, on which four persons were boarded and on seeing the police one person managed to flee away and other three were apprehended. They confessed that the motorcycle was stolen one and they had sold one motorcycle to the petitioner, on which house of the petitioner was raided and the motorcycle was recovered.

Patna High Court Cr.Misc. No.25897 of 2017 (3) dt.04-07-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and was a bona fide purchaser of the motorcycle, which he did not know was stolen one. He submits that the petitioner is not involved in the commission of any offence and just because he had purchased the stolen motorcycle he has been made accused in the present case. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Piro (Hassan Bazar) P.S. Case No. 85/17. (Nilu Agrawal, J) Rajesh/- U T