Umesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44690 of 2014 Arising Out of PS.Case No. -173 Year- 2013 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Umesh Singh Son of Late Jhuna Singh resident oif village- Rahsa East, P.S.- Bhagwanpur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. The allegation is of loot of truck laden with Parchun goods packed in 392 bundles after assaulting the driver and Khalasi.

It is submitted that the FIR was lodged against unknown. During investigation, the name of the petitioner has appeared and a house was searched. The house owner told that he has given the room on rent to the petitioner and from that room, many articles were recovered. It is further submitted that the room has not been let out to the petitioner. He is in custody since 30.08.2014 having no criminal antecedent. He has made extra judicial confession before the police leading to no recovery.

The learned counsel for the State submits that the stolen

Patna High Court Cr.Misc. No.44690 of 2014 (4) dt.20-03-2015 2/2 articles have been recovered from the room of the petitioner. After arrest, he has also confessed his guilt. After investigation, charge sheet has already been submitted.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, (West), Muzaffarpur, court concerned in Motipur P.S. Case No.173 of 2013 after framing of charge with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T