Rajeev Kumar Sah @ Rajeev Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28535 of 2018 Arising Out of PS.Case No. -122 Year- 2017 Thana -KEOTI District- DARBHANGA ====================================================== Rajeev Kumar Sah @ Rajeev Sah, Son of Bhogendra Sah, Resident of Village- Gathuli, P.S. Keoti, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Shahnawaz Ali, Advocate. For the Opposite Party/s : Smt. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Keoti P.S. Case No. 122 of 2017 instituted for the offence under Sections 379, 401 and 414 of the Indian Penal Code.

It is alleged in the written report that nephew of the informant went for call of nature from whom he learnt that the Motorcycle is being taken away by the petitioner along with 4-5 accused persons. It is further alleged that the informant found his Motorcycle lying on the road near Vikas Bharti Public School. Thereafter, he found two Motorcycle on the road near Vikas Bharti Public School.

Seizure list has been prepared by the police wherein it is mentioned that two Motorcycles have been recovered near

Patna High Court Cr.Misc. No.28535 of 2018 (3) dt.22-06-2018 2/3 Vikas Bharti Public School.

Learned counsel for the petitioner has submitted that petitioner has clean antecedent. The alleged Motor cycle as mentioned in the written report has not been recovered from possession of this petitioner. It has further been submitted that in paragraph-38 of the case diary it is mentioned that one of the recovered Motorcycle belongs to the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Keoti P.S. Case No. 122 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.28535 of 2018 (3) dt.22-06-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T