Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6739 of 2018 Arising Out of PS. Case No.-196 Year-2017 Thana- PIPRAKOTHI District- East Champaran ====================================================== Avinash Kumar, S/o Satyendra Prasad, R/o Village- Chandaura, P.S.- Bena, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar For the Opposite Party/s :

Mr. SRI ASHOK KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Piprakothi P. S. Case no. 196 of 2017 registered for the offences punishable under Sections 363, 379 and 395 of the Indian Penal Code.

Informant is owner of truck who has stated that his brother Sunil Kumar Yadav on 26.9.2017 proceeded for Siliguri by his truck on which wheat was loaded and along with the said truck three more trucks were also running and at Marabnagari Hotel the said three trucks stopped. His truck was proceeding ahead but went missing and no communication was made to Mastram Yadav.

It has been submitted on behalf of the petitioner that subsequently the truck was recovered. FIR was lodged against

Patna High Court Cr.Misc. No.6739 of 2018(3) dt.05-03-2018 2/2 unknown and name of petitioner has surfaced on the basis of confessional statement of co-accused Dhiraj Kumar and except the said confession no incriminating material is found against this petitioner. It has further been submitted that co-accused Ayush Reddy has been granted bail by a Bench of this Court in Cr. Misc. No. 8122 of 2018 on 9.2.2018. Petitioner is in custody since 22.11.2017.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Piprakothi P. S. Case No. 196 of 2017.

(S. Kumar, J) sudip/- U T