Bibhash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67040 of 2018 Arising Out of PS. Case No.-471 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Bibhash Kumar Singh, Son of Yugal Kishore Singh, Resident of VillageDarhandi, P.S. Sajour, Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kotwali (Tilkamanjhi) P.S. Case No. 471 of 2018 registered for the offences punishable under Sections 379, 411, 413 and 414 of the Indian Penal Code.

One Awadhesh Kumar was caught and confessed that he had stolen motorcycles and sold the same to several other persons. Subsequently, some co-accused persons were arrested and stolen motorcycles were recovered from their possession and out of the aforesaid co-accused, one co-accused disclosed that he had sold stolen motorcycle to the petitioner and, thereafter, one motorcycle was recovered from the house of the petitioner.

Submission on behalf of the petitioner is that the

Patna High Court Cr.Misc. No.67040 of 2018(2) dt.17-12-2018 2/2 petitioner had purchased the motorcycle from its real owner and as a matter of fact he had given aforesaid motorcycle for repairing work and it appears that the concerned mechanic replaced the original engine of the aforesaid motorcycle from the stolen motorcycle. Moreover, petitioner does not have any criminal antecedents, which is evident from paragraph No. 3 of the petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in Kotwali (Tilkamanjhi) P.S. Case No. 471 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T