Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73071 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== RAUSHAN KUMAR, aged about 25 years, Male, Son of Prahlad Kumar, Resident of Village- Ramghat, P.S.- Narpatganj, District- Araria ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Binod Kumar Yadav, Adv.

For the Opposite Party :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Narpatganj P.S. Case No. 109 of 2019 registered under Sections 413, 414 and 34 of the Indian Penal Code.

The accusation is that on receiving secret information about gathering of miscreants for the purpose of selling the stolen motorcycle at Narpatganj, informant, along with other police personnel, reached there, then, saw that two persons are moving on yellow coloured Apache motorcycle, on giving signal to stop the motorcycle, both started to flee away, but, they were caught hold, who disclosed their names as Rajesh Kumar Yadav and Amod Kumar Yadav. Amod Kumar Yadav was driving the motorcycle and Rajesh Kumar Yadav was on rear seat of the motorcycle. On query, they did not produce any paper

Patna High Court CR. MISC. No.73071 of 2019(2) dt.19-11-2019 2/2 regarding the motorcycle. Rajesh Kumar Yadav disclosed that the motorcycle is purchased by Raushan Kumar (petitioner). Submission is that petitioner was not apprehended on the spot rather the name of the petitioner has come in the confessional statement of the co-accused, Rajesh Kumar Yadav, to the effect that the seized motorcycle was sold to him by this petitioner. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Narpatganj P.S. Case No. 109 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T