Shyam @ Bechhu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41098 of 2018 Arising Out of PS. Case No.-439 Year-2017 Thana- SASARAM NAGAR District- Rohtas ======================================================

1. Shyam @ Bechhu, Son of Late Ghanshyam Vishwakarma,

2. Chhotu @ Chhotu Dharmraj Prajapati @ Dharmraj, Son of Rup Narayan Prajapati, Both residents of Village- Dulhipur, P.S.- Mugalsarai, District- Chandauli (U.P.) ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Sasaram (Model) P.S. Case No. 439 of 2017 registered for the offence punishable under Section 379 of the Indian Penal Code.

It has been alleged by the informant in the FIR that on 08.04.2017 at about 12.00 noon, after parking his motorcycle in the court premises he had gone to meet his Advocate in respect of some case and when he returned he found that his motorcycle was missing and lodged the FIR against the unknown. It has been submitted by the counsel for the petitioners that petitioners are innocent and have been falsely

Patna High Court Cr.Misc. No.41098 of 2018(2) dt.12-07-2018 2/2 implicated in this case on the confession made by the coaccused. Petitioners do not belong to the gang of motorcycle lifter. They were remanded from another case in which they were in custody. The motorcycle has not been recovered from physical and conscious possession of the petitioners. They are in custody since 12.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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, Rohtas at Sasaram, in connection with Sasaram (Model) P.S. Case No. 439 of 2017. (S. Kumar, J) veena/- U T