Niwash Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70510 of 2019 Arising Out of PS. Case No.-229 Year-2019 Thana- JHAJHA District- Jamui ====================================================== NIWASH BARNWAL Son of Mahadeo Barnwal Resident of Village - and P.S.- Charka Pathar, Distt - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Jhajha P.S. Case No. 229 of 2019, registered for the offence punishable under Sections 379 of the Indian Penal Code and subsequently, Section 411 of the Indian Penal Code was added.

The allegation is regarding unknown miscreants having stolen the motorcycle of the informant and subsequently, a search was made in the house of the petitioner and a stolen motorcycle was recovered and subsequently, the petitioner is stated to have been arrested by the police.

The learned counsel for the petitioner submits that as far as the present case is concerned, the stolen motorcycle

Patna High Court CR. MISC. No.70510 of 2019(2) dt.27-11-2019 2/2 has not been recovered from the house of the petitioner and in fact, another motorcycle, which he had purchased for a sum of Rs. 10,000/- from his cousin brother, has been recovered by the police. It is further submitted that the petitioner was not knowing that the said motorcycle is a stolen motorcycle. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 14.9.2019. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Jamui in connection with Jhajha P.S. Case No. 229 of 2019.

(Mohit Kumar Shah, J) ajay gupta/- U T