Roushan Kumar @ Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3467 of 2018 Arising Out of PS.Case No. -293 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Roushan Kumar @ Roshan Kumar, S/o Tulo Yadav, resident of Village Parora Tola, P.S. Muffasil, District- Munger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Sahebpur Kamal P.S. Case no. 293 of 2017 registered under Section 414 of the Indian Penal Code.

A stolen motorcycle is said to have been recovered from the possession of the petitioner.

It is submitted by the learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. No incriminating article has been recovered from his conscious physical possession. As a matter of fact, the police seized the motorcycle parked on the petrol pump and as the petitioner was passing through the petrol pump by that time, he has falsely been

Patna High Court Cr.Misc. No.3467 of 2018 (2) dt.17-01-2018 2/2 implicated in the case by the police planting the recovery of the motorcycle from the petitioner. Though, regarding the aforesaid stolen motorcycle, Asarganj P.S. Case no. 14 of 2016 was instituted, but the petitioner is not named in the said case. The seizure list indicates that the motorcycle in question was not recovered from the possession of the petitioner rather at petrol pump. The seizure list also does not bear his signature. The petitioner has been languishing in custody since 01.10.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Begusarai in connection with Sahebpur Kamal P.S. Case no. 293 of 2017 (Prakash Chandra Jaiswal, J) rohit/- U T