Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56588 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- RAJEPUR District- East Champaran ====================================================== Bhola Kumar, S/o Ramchandra Prasad, R/o Village- Paigambarpur, P.S.- Shiwaipatti, Dist.- Muzaffarpur.

... ... 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. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Rajepur P.S. Case No. 65 of 2018 registered for offences under sections 401, 414, 411, 120(B)/34 of the Indian Penal Code.

The police searched the house of the petitioner, from where, a theft motorcycle and solar-plate were recovered. Learned counsel for the petitioner submits that the motor-cycle was purchased from one Harendra Kumar, he has also sworn an affidavit to this effect and the sale letter itself shows what amount was paid. Though the name of the petitioner or his father has not been entered into the owner book but, it is out and out a purchase of the motorcycle. Learned counsel for

Patna High Court Cr.Misc. No.56588 of 2018(2) dt.20-09-2018 2/2 the petitioner has further submitted that the petitioner is the owner of the solar-plate.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Bhola Kumar, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released 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 Sub-divisional Judicial Magistrate, Sadar, Motihari, East Champaran in connection with Rajepur P.S. Case No. 65 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T