← Library
Patna High CourtCR. MISC./30621/2018allowed

Bajarangi @ Nitish Kumar v. The State Of Bihar

2018-06-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30621 of 2018 Arising Out of PS.Case No. -16 Year- 2016 Thana -BARAHIYA District- LAKHISARAI ====================================================== Bajarangi @ Nitish Kumar S/o Shri Sanjay Singh, R/o Vill.- Dani Tola, P.S.- Barhiya, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Smt. Sudha Ambastha, Advocate For the Opposite Party/s : Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and the State.

The petitioner is in custody in connection with Barhiya P.S. Case No. 16 of 2016 for the offence under Sections 457/380 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.09.2017. He submitted that the name of the petitioner transpired on the confessional statement of co-accused, Gautam Kumar. He further submits that considering the nature of the materials seized in the instant case one cannot come to a definite conclusion that the same is stolen materials. There is no distinct feature to establish that the seized articles were stolen articles.

Patna High Court Cr.Misc. No.30621 of 2018 (3) dt.07-06-2018 2/2 Considering the totality of the facts situation indicated hereinabove, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Learned Chief Judicial Magistrate, Lakhisarai in connection with Barhiya P.S. Case no. 16 of 2016. (Anil Kumar Upadhyay, J) Rahul/Uday/- U T