Birendra Kumar @ Birendra Prasad @ Chotu Prasad @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41019 of 2017 Arising Out of PS.Case No. -88 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. BIRENDRA KUMAR @ BIRENDRA PRASAD @ CHOTU PRASAD @ CHHOTU Son of Kripali Prasad alias Kripali Mahto alias Inder Ram alias Kapil Prasad Resident of Village - Mahakar Bigha, P.S. Chandi, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 2.04.2017 in connection with Chandi P.S. Case No. 88 of 2017 for the offence registered under Sections 414 of the Indian Penal Code. Learned counsel for the petitioner submits that his name surfaced on the confessional statement made before the police by one Upendra Ram, who stated that he used to deal with stolen motorcycle and the same was kept in the house of the present petitioner. On the said such confession, the petitioner's house was raided and one motorcycle was recovered from his possession. It is further submitted that the said motorcycle has

Patna High Court Cr.Misc. No.41019 of 2017 (2) dt.20-09-2017 2/2 been kept by the co-accused Upemndra Ram as security in lieu of money, which had been advanced by him, but the petitioner was not aware that it was stolen property. Learned counsel for the petitioner, thus, submits that the petitioner has been made the victim of circumstances and has been languishing in jail for almost 6 months. Learned counsel for the petitioner further submits that the petitioner shall cooperate in further investigation and shall present himself as and when required during the course of the trial In view of the period of custody and the undertaking given by the petitioner that he shall cooperate in further investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Hilsa, Nalanda in connection with Chandi P.S. Case No. 88 of 2017.

(Anjana Mishra, J) Jagdish/- U T