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Patna High CourtCR. MISC./55528/2018bail granted

Dhirendra Singh @ Dhirendra Kumar Singh v. The State Of Bihar

2018-12-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55528 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== Dhirendra Singh @ Dhirendra Kumar Singh S/o Late Balister Singh, R/o vill.- Bishrampur Chor, P.S.- Sheosagar (Baddi), District- Rohtas. ... ... Petitioner.

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sheosagar (Baddi) O.P. P.S. Case no. 60 of 2018, registered under Sections 341, 323, 504, 506, 379, 386 & 387 of the Indian Penal Code.

The petitioner is said to have sold out his motorcycle to the informant in Rs.25,000/- and during the course of registration of the said motorcycle by the informant he came to know that the said motorcycle belongs to someone else of district Buxar and it is stolen one and on demanding back his money by the informant the petitioner extended threatening of dire consequences and also demanded Rs.10,000/- more for transfer of his name as extortion. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.55528 of 2018(3) dt.13-12-2018 2/2 that no such occurrence as alleged ever took place. Petitioner is quite innocent and has been falsely implicated in this case. The motorcycle neither belonged to the petitioner nor he sold out the same nor received money from the informant. Informant has not produced any receipt of giving money to the petitioner or any documents regarding selling out of the aforesaid motorcycle by the petitioner. The seizure list only indicates the seizure of motorcycle in question. There is no eye witness of selling out the aforesaid motorcycle by the petitioner to the informant against receiving Rs.25,000/- from the informant.

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 four 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, Rohtas at Sasaram in connection with Sheosagar (Baddi) O.P. P.S. Case No. 60 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.