IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23906 of 2011 Ajay Kumar Versus The State Of Bihar ---------------------------------- 3 05-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 23.04.2011 in a case registered under sections-307, 326/34 of the Indian Penal Code and 27 of the Arms Act. Petitioner is not named in the first information report and the name of this petitioner came in this case on the basis of recovery of motorcycle bearing registration No. 31A-2082 which had been used in commission of the alleged crime. It is alleged that the petitioner was owner of the aforesaid motorcycle. The contention of learned counsel for the petitioner is that the petitioner had already sold the aforesaid motorcycle to one, Surajdeo Prasad much prior to the alleged occurrence which is evident from perusal of Annexure-3 to this petition. It is further contended by him that in course of investigation, the statement of victim was recorded by the police at Paragraph-59 of the case diary and in the aforesaid statement; the victim has specifically stated that two persons participated in the alleged crime. The victim has nowhere stated about the involvement of 2 the petitioner in the alleged crime. Considering the facts and circumstances as well as submissions of the parties, the petitioner, namely, Ajay Kumar is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Patliputra P.S. Case No. 77 of 2002 to the satisfaction of Chief Judicial Magistrate, Patna. AKV/- ( Hemant Kumar Srivastava,J.)