Deepak Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64129 of 2018 Arising Out of PS. Case No.-229 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Deepak Rai, S/o- Late Ram Niwash Rai, R/v- Saket Bihar, Mitra Mandal Colony, P.S.- Phulwarisharif, District- Patna, permanent resident of VillageJibrakhan Tola, Goraiya Asthan, P.S.- Maner, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-11-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Phulwarisharif P.S. Case No.229 of 2018 instituted for the offence under Section(s) 414 Indian Penal Code.
In the written report, it is alleged that petitioner was apprehended along with motorcycle by the police. He could not produce document in support of the aforesaid motorcycle. It is alleged that it was detected that on 26.03.2018, motorcycle of Manish Rai was stolen for which a separate case bearing Gardanibagh P.S. Case No.124 of 2018 under section 379 Indian Penal Code was instituted on 27.03.2018. The police prepared seizure list and took signature of petitioner and other witnesses.
Patna High Court Cr.Misc. No.64129 of 2018(3) dt.22-11-2018 2/2 Counsel for the petitioner submits that petitioner is in custody since 30.03.2018. It is mentioned in para 9 of the bail petition that there is no similarity of the motorcycle alleged to be stolen with the motorcycle seized in this case and, therefore, both the cases were not amalgamated. Police has arrested petitioner with Bajaj Discover motorcycle bearing registration no. BR 01 BS 3350 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, XV, Patna, in connection with Phulwarisharif P.S. Case No.229 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T