Patna High CourtCR. MISC./3916/2017bail granted

Mukesh Kumar And ANR v. The State Of Bihar

2017-04-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3916 of 2017 Arising Out of PS.Case No. -1 Year- 2014 Thana -NIRMALI District- SUPAUL ======================================================

1. Mukesh Kumar, Son of Bharat Lal Yadav.

2. Abhinandan Kumar alias Abhinandan Yadav alias Abhinandan Kumar Yadav, son of Surendra Yadav.

Both resident of village-Chikana Patty, P.S. Raghopur, District-Supaul. .... .... 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 ------------- 26-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Nirmali P.S. Case No.01 of 2014 registered under Section 406 and 379/34 of the Indian Penal Code.

The accusation is that on 04.01.2014, 500 bags of rice was loaded on the truck bearing Registration No.BR 11 L-3137 at C.W.C. Supaul for unloading the same at S.F.C. Nirmali Godown by the petitioners, who were driver and khalasi respectively of the truck. On 05.01.2014, the information was given to the informant about falling of the truck in the ditch of the field and that the driver and khalasi of the truck are not present on the truck.

Patna High Court Cr.Misc. No.3916 of 2017 (3) dt.26-04-2017 2/2 Thereafter, the informant went there and on counting, 193 bags of rice were found on the truck. The informant raised suspicion about theft of the remaining bags of rice by the petitioners and unknown.

Learned counsel appearing on behalf of the petitioners submits that, in fact, the truck met with an accident and fell in the ditch of the field and, thereafter, the petitioners fled away from there. The petitioners having no criminal antecedents are in custody since 12.08.2016.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Birpur (Supaul), in connection with Nirmali P.S. Case No.01 of 2014. (Rajendra Kumar Mishra, J) P.S./- U T