Nivas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16542 of 2020 Arising Out of PS. Case No.-855 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== NIVAS KUMAR Son of Manoj Yadav Resident of Village - Jalaiya postpar, P.S.- Sour Bazar, Distt - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Sudha Sinha, Advocate Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-06-2020 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Madhepura P. S. Case No. 855 of 2019 dated 03.10.2019 instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

The petitioner is stated to be in custody since

Patna High Court CR. MISC. No.16542 of 2020(2) dt.02-06-2020 2/3 03.10.2019 and does not have criminal antecedents. It appears from the F.I.R. that the petitioner in conclusion with others had stolen 415 gunny bags containing maize of a company for which the petitioner was designated as the driver who was supposed to take the vehicle loaded with the aforesaid gunny bags to Gujrat.

It appears that some of the gunny bags were recovered and some are stated to have been sold. It has been urged on behalf of the petitioner that he has been arrested only on suspicion, without any legal evidence.

He further submits that only because he is the driver of the vehicle, he has been suspected of the offence. In fact, the theft was committed by others. Considering the afore-stated facts and the period of custody, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with

Patna High Court CR. MISC. No.16542 of 2020(2) dt.02-06-2020 3/3 two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P. S. Case No. 855 of 2019.

(Ashutosh Kumar, J) skm/- U