Sunny Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38838 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Sunny Kumar Sah, S/o- Heeralal Sah, resident of Mohalla- Sunderpur Alinagar, P.S.- L.N.M.U., District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Satyendra Kumar Srivastava, Advocate For the Opposite Party/s :

Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with L.N.M.U. P.S. Case No. 86 of 2018 registered for the offence punishable under Sections 414/34 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that during course of investigation of Darbhanga P.S. Case No. 145 of 2018, they arrested an accused, Aman Kumar Jha, who disclosed that Vicky Sahani used to commit theft of motorcycle and keep it in the garage owned by the petitioner. The garage of the petitioner was raided, but no

Patna High Court Cr.Misc. No.38838 of 2018(2) dt.09-07-2018 2/3 stolen motorcycle was found. Thereafter, on secret information that petitioner has kept the stolen motorcycle at his house, his house was raided and stolen motorcycle was recovered and the petitioner confessed that stolen motorcycle was given to him to dismantle the parts so that it can be sold in the market.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, he is the garage owner where motorcycle owner comes for repair and he is not indulged in looting the motorcycle. He submits that he is in custody since 27.04.2018 and is ready to cooperate in the investigation of the case.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. P.S. Case No. 86 of 2018, subject to the conditions that one of the bailors would be close relative of the petitioner having sufficient immovable

Patna High Court Cr.Misc. No.38838 of 2018(2) dt.09-07-2018 3/3 properties, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J.) Arjun/- U T