Bitu Parwat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5097 of 2016 Arising Out of PS.Case No. -133 Year- 2015 Thana -BASANTPUR District- SIWAN ====================================================== Bitu Parwat son of Lalan Parwat Resident of village - Khedhawan, P.S. Basantpur, District - Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Naresh Chandra Verma, Advocate.

For the Opposite Party : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. Two persons were arrested by police and thereafter they disclosed name of petitioner and others. Subsequently, on the basis of disclosure made by the aforesaid person one motorcycle was seized from the Palani of the petitioner.

Submission on behalf of the petitioner is that the aforesaid seizure has not been made from inside the house of the petitioner and as a matter of fact the Palani of the petitioner was situated at the outer side of the house. Moreover, petitioner does not have any criminal antecedent and there is nothing in the impugned order to show that the seized motorcycle was stolen one.

Patna High Court Cr.Misc. No.5097 of 2016 (2) dt.12-02-2016 2/2 Considering the facts and circumstances and submissions made on behalf of the parties, 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 Sri M. K. Srivastava, the learned Judicial Magistrate, Siwan in Basantpur P.S. Case No. 133 of 2015. (Hemant Kumar Srivastava, J.) KKSINHA/- U T