← Library
Patna High CourtCR. MISC./1994/2020allowed

Appu Kumar Yadav v. The State Of Bihar

2020-01-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1994 of 2020 Arising Out of PS. Case No.-120 Year-2019 Thana- BUXAR RAIL P.S. District- Bhojpur ====================================================== Appu Kumar Yadav Son of Hare Ram Yadav Resident of Village - Simri Dudhipati, P.S. - Simri, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Buxar Rail(GRP) P.S.Case No.120 of 2019 instituted for the offences punishable under Section 379 of the Indian Penal Code.

The FIR of the theft of a mobile phone from a running train is against unknown. The said mobile was recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and he is in custody since 24.10.2019. Investigation of the case is already complete.

Submission is that, in fact, the petitioner who is aged about 19 years, had purchased the same from some other person. Considering the entire facts especially the fact that the

Patna High Court CR. MISC. No.1994 of 2020(2) dt.16-01-2020 2/2 investigation of the case is already complete and there is no material to suggest that the petitioner is going to tamper with the evidence or abscond the process of law, let the above named petitioner be released on regular bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Ara in connection with Buxar Rail (GRP) P.S.Case No.120 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also that the petitioner shall not leave the country without permission of the Court below. (Birendra Kumar, J) B.Kr./- U T