Kedar Nath Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9428 of 2016 Arising Out of PS.Case No. -482 Year- 2015 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== Kedar Nath Upadhyay, S/o Lalan Upadhyay, Resident of Village- Thabe, P.S.- Thabe, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 25-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kazimohammadpur P.S. Case No.482 of 2015 registered under Sections 341, 327, 420 and 379 of the Indian Penal Code. The allegation is that one person posing himself to be a constable of S.T.F. stopped the informant and snatched his two mobile sets and cash Rs.34,500/-. The informant has also detailed the physique of the culprit who snatched his mobile sets and cash. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the informant had been robbed of on 13.11.2015 at 02.30 P.M. but the petitioner was

Patna High Court Cr.Misc. No.9428 of 2016 (3) dt.25-04-2016 2/2 apprehended by the informant on 08.01.2016 and was produced before the police saying that this petitioner had taken his mobile sets and cash. Moreover, on investigation while the charge-sheet has been submitted against the petitioner but no incriminating articles has been recovered from the possession of the petitioner. The petitioner having no criminal antecedent is in custody since 08.01.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-cum-Sub-Judge-I, Muzaffarpur, in connection with Kazimohammadpur P.S. Case No.482 of 2015. (Rajendra Kumar Mishra, J) P.S./- U T