Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59956 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== Niranjan Kumar, Son of Hazari Paswan, Resident of Village - Larpur, P.S.- Bodh - Gaya, Distt - Gaya (Bihar).

... ... Petitioner/s

Versus

The State of Bihar .

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 228 of 2019, registered under Sections 567, 468, 471, 413 and 414 of the Indian Penal Code. The accusation is that in course of checking of the vehicle, three persons were seen on the motorcycle then signal was given to stopped the motorcycle but all started to flee away leaving the motorcycle. On chase, two persons were apprehended, who disclosed their names as, Nitish Kumar and Rahul Kumar and also disclosed that Rakesh Kumar is doing business of selling of stolen motorcycle with the help of Pankaj Yadav and Niranjan Kumar (petitioner).

Patna High Court CR. MISC. No.59956 of 2019(2) dt.23-09-2019 2/2 Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has come in the confessional statement of Nitish Kumar and Rahul Kumar, who are said to be apprehended at the spot along with stolen motorcycle. In fact, petitioner is not the owner of the seized motorcycle and he has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Muffasil P.S. Case No. 228 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T