Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73638 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Dharmendra Singh, Son of Shri Bhagwan Singh, Resident of VillageNathmalpur, P.S.- Barhara, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the IPC. The prosecution is that on 22.03.2018 at about 10.00 P.M., the informant Balbir Singh took dinner and slept at the door of his brother-in-law. When the informant woke up, he found that his motorcycle which was parked outside has been stolen. On the basis of written report an FIR was lodged against unknown persons. The name of the petitioner was sprang up during investigation.

It is submitted by learned counsel for the petitioner that the recovered motorcycle as per the seizurelist is of one Sunita Devi who filed an affidavit before the learned Court below to the effect that her motorcycle was never

Patna High Court Cr.Misc. No.73638 of 2018(2) dt.21-12-2018 2/2 stolen and the basis of the affidavit the motorcycle in question has been released. A statement has been made in paragraph no.3 of the petition that the petitioner is involved in one other case in which he in on bail.

Learned APP submits that the name of the petitioner was sprang during investigation.

Considering the fact that the stolen motorcycle was not recovered from the conscious possession of the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Ara at Bhojpur in connection with Ara Muffasil(Dhobaha) P.S. Case No. 82 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T