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Patna High CourtCR. MISC./406/2019allowed

Yashvant Kumar Singh v. The State Of Bihar

2019-01-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.406 of 2019 Arising Out of PS. Case No.-398 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Yashvant Kumar Singh son of Sri Nand Kishore Singh @ Chand Kishore Singh, resident of Village- Semuapur, P.S.- Chanpatia, District- West Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Majhaulia PS Case No. 398 of 2018 for the alleged offence punishable under Section 413 and 414 of the Indian Penal Code. In the instant case, allegation is that petitioner was intercepted by the police with a stolen motor cycle. Learned counsel for the petitioner submits that nothing was recovered from the possession of the petitioner. In fact, the petitioner was waiting for auto rickshaw and motor cycle lifters fled away leaving the motor cycle. Since the petitioner was standing there he has been made accused in the case. He further submits that

Patna High Court Cr.Misc. No.406 of 2019(2) dt.30-01-2019 2/2 petitioner is in custody since 12.09.2018 and he has no criminal antecedent.

Considering the fact that petitioner has no criminal antecedent and he has remained in custody for more than four months, this application is allowed. Accordingly, let the petitioner above named, 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 Chief Judicial Magistrate, West Champaran at Bettiah in connection with Majhaulia PS Case No. 398 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T