Patna High Court - Orders
Ravi Kumar @ Rakesh Ranjan vs State Of Bihar on 16 December, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29422 of 2009
RAVI KUMAR @ RAKESH RANJAN, Son of Sri Bijendra Prasad,
resident of Village- Kurthaul(Dariyapur), P.S. Parsad Bazar, District-
Patna....................................................................................Petitioner.
Versus
THE STATE OF BIHAR...............................................Opposite party.
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6. 16.12.2009. Heard the learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Pirbahore P.S. Case No. 249 of 2008 for offence punishable under Sections 379/411 of the Indian Penal Code.
The present case has been instituted by the informant who had parked his Motor Cycle bearing registration no. BR- 1Y-5225 near the Amit Pharma in front of Tulsi Apartment at Govind Mitra Road, Patna. He has alleged that after closing his shop when he went near his Motor Cycle he found the same was missing. It has subsequently transpired that this petitioner alongwith one Karan Kumar @ Kalua were found roaming on Motor Cycle in suspicious circumstance and were arrested and Motor Cycle was recovered from their possession about which they could not produce any papers giving rise to Agam Kuan P.S. Case No.209 of 2008. In the course of disclosure made by the said petitioner upon being arrested in the said case recovery of four Motor Cycles including the stolen Motor Cycle of the informant was recovered from the house of Karan Kumar @ Kalua.
Learned counsel appearing on behalf of the 2 petitioner submits that neither the recovery of the stolen Motor Cycle was made from the possession of the petitioner or his house nor he was found to be driving the stolen Motor Cycle. He further submits that in the subsequent case instituted bearing Agam Kuan P.S. Case No. 209 of 2008 he has already been granted bail by the court below. He submits that in so far as the present case is concerned, the allegations are not proved as against this petitioner since the recovery was not made from his personal possession and that he is in custody since September, 2008.
Having regard to the facts and circumstances set forth, let the petitioner Ravi Kumar @ Rakesh Ranjan 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 the learned C.J.M., Patna, in connection with Pirbahore P.S. Case No. 249 of 2008 with the condition that the petitioner would be attending the court below on each and every date fixed and the failure on his part to attend the court below on two consecutive dates without any reasonable explanation to the satisfaction of the court below would confer liberty on the court below to initiate proceedings for cancellation of his bail bonds and for taking him into custody.
U.K. (Jyoti Saran,J)