IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21079 of 2009 Santosh Kumar Nayak @ Santosh Nayak, son of Chhote Lal Nayak, resident of Village- Saharghat, Police Station- Saharghat, District-Madhubani. ……………..Petitioner. Versus 1. The State of Bihar. 2. Santosh Kr. S/o Late Laxmi Sah, R/o Sona Patri, District-Sitamarhi. 3. Santosh Agrawal, S/o Kishore Gopal Agrawal, Boring Canal Road, Patna-1 ……….Opposite Parties. ----------- 5. 30. 03. 2010. Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner, Mr. Ravi Ranjan, learned counsel for the Opposite Party No.2 as also Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. The petitioner apprehend his arrest in connection with Saharghat P.S. Case No. 15 of 2009 dated 14, 03. 2009, registered under Sections 379 and 414 of the Indian Penal Code. According to the prosecution case, one stolen Indica DLX car is said to have been recovered from near the house of the petitioner. Learned counsel for the petitioner submits that he is a bonafide purchaser of the vehicle in question. To buttress the aforesaid submission, a supplementary affidavit has been filed on behalf of the petitioner bringing on record certain documents relating to the transfer of the vehicle in question from one hand to another. So far petitioner is concerned, till date the vehicle in question has not been validly transferred in his favour, though, it is 2 claimed that application under the provision of Motor Vehicle Act has been filed before the prescribed authority. To ascertain the aforesaid fact, notice was issued to previous owners by order dated 2. 12. 2009. Pursuant to the aforesaid notice, a counter affidavit has been filed today in Court on behalf of Opposite Party No.2, stating therein that he purchased the vehicle from Opposite Party No.3 and subsequently, he transferred the same to the petitioner. It is also stated by the learned counsel for the petitioner that no case under Section 379 I.P.C. was instituted with respect to theft of vehicle in question. In the aforesaid background, the petitioner, namely, Santosh Kumar Nayak @ Santosh Nayak, in the event of his arrest/surrender within a period of four weeks from today, shall be enlarged 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 Chief Judicial Magistrate, Madhubani, in connection with Saharghat P.S. Case No. 15 of 2009, subject to the conditions as laid down under Section 438(2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)