Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38129 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- DHANGAI District- Bhojpur ====================================================== Vikash Kumar, Son of Hanuman Patha, Resident of Village- Keshari Tola, P.S.- Dhangai, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2018 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 411,413,414, 420, 468, 471/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 08.05.2018 submitted by Krishna Yadav to the Station House Officer, Dhangai Police Station is to the effect that on 08.05.2018 during paroling and vehicle check, one motorcycle was intercepted, and on being asked, the driver of the vehicle could not produce the relevant documents. The driver of the vehicle disclosed his name as Sonu Thakur. Subsequently, he was apprehended and he further disclosed that he purchased the said motorcycle from the petitioner, Vikash Kumar and co-accused, Birendra Kumar after paying the

Patna High Court Cr.Misc. No.38129 of 2018(2) dt.10-07-2018 2/3 consideration amount of Rs.20,000/-. During investigation, it was transpired that motorcycle in question was registered in the name of one Mukesh Kumar Chanchal which was stolen in January 2018 from Buxar for which, FIR was lodged in Buxar Town Police Station.

It is submitted by learned counsel for the petitioner that since the petitioner is a co-villager of Sonu Thakur and he has some dispute with him with regard to the payment of some dues amount, he maliciously named the petitioner in the present case. It is further stated that the recovery of the motorcycle has not been made from the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the name of the petitioner sprang up on the confession of co-accused, Sonu Thakur from whom stolen motorcycle has been recovered. Considering the fact that recovery has not been made from the petitioner, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.38129 of 2018(2) dt.10-07-2018 3/3 sureties of the like amount each to the satisfaction of the learned ACJM-1, Bhojpur, Ara, in connection with Dhangai P.S. Case No.32 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T