Patna High CourtCR. MISC./46132/2017allowed

Sudhir Kumar v. The State Of Bihar

2017-09-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46132 of 2017 Arising Out of PS.Case No. -353 Year- 2016 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Sudhir Kumar S/o Binod Sah, R/o Village Kothiya, P.S. Chakmahesi, District- Samastipur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Samastipur Town P.S. Case No. 353/2016 registered under Section 379 of the Indian Penal Code.

As per the prosecution case, motorcycle of the informant was stolen by some unknown miscreants from the State Bank of India's premises.

It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor he was apprehended on the spot though the stolen motorcycle was recovered from his possession but the said motorcycle was purchased by him from Anikat Kumar Rai and Ram Prasad Rai bona fidely recognizing them owner of it. Moreover, the petitioner has been enlarged on bail by this Court which has been

Patna High Court Cr.Misc. No.46132 of 2017 (02) dt.20-09-2017 2 / 2 lodged against him regarding the said recovery of motorcycle from his possession. Petitioner has been remanded from the said case and has been languishing in custody since 24.07.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No.353/16.

(Prakash Chandra Jaiswal, J) Trivedi/- U T