Ajay Upadhya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71272 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- KHAGAUL District- Patna ====================================================== Ajay Upadhya Son of Late Ram Eqbal Upadhya,Resident of Village - Adarsh Colony, West Patel Nagar, P.S.- Shastrinagar, Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Kant Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Khagaul P.S. Case No.133 of 2019, registered for the offence under Sections 406, 420 of the Indian Penal Code.

Accusation is that one Saurav Kumar son of Punit Singh, resident of village-Gaunpura, P.S. Phulwari, DistrictPatna took the motorcycle of the informant Sumit Kumar for going somewhere for the purpose of urgent work, but he did not return the motorcycle of the informant.

Submission is that the petitioner is not named in the F.I.R. and in course of investigation, named accused Saurav Kumar disclosed that the said motorcycle is sold to the

Patna High Court CR. MISC. No.71272 of 2019(2) dt.27-11-2019 2/2 petitioner and on the basis of confession of Saurav Kumar, motorcycle was recovered from the house of the petitioner. In fact, the petitioner had purchased the motorcycle from Saurav Kumar on payment of consideration amount and he was not aware that the motorcycle does not belong to him. The petitioner has no criminal antecedent and he is in custody since 31.05.2019.

Having considered the facts and circumstances of the case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.V at Danapur, District-Patna in connection with Khagaul P.S.Case No.133 of 2019.

(Rajendra Kumar Mishra, J.) nawalkrs/- U T