Birendra Rai @ Bidi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1975 of 2015 Arising Out of PS.Case No. -12 Year- 2013 Thana -SAKSOHRA District- PATNA ====================================================== Birendra Rai @ Bidi, son of Harendra Rai, resident of village- Belwan, P.S.- Vaishali, District- Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bela Singh, Adv. For the Opposite Party/s : Mr. Indra Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-05-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Saksohara P.S. Case No. 12 of 2013 (Tr.

No.

227/2014) registered for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case, in brief, is that one Prahalad Yadav, son of late Rameshwar Yadav, resident of village-Lakshmipur, P.S.- Saksohara, District-Patna has given written report before the S.H.O. of Saksohara Police Station on 15.06.2013 alleging therein that his tractor, make Sonalika bearing D.I. no. 734 was stolen away. During investigation, one Anup Kumar has confessed that he along with his associates committed theft of informant's tractor and was giving to the petitioner on

Patna High Court Cr.Misc. No.1975 of 2015 (3) dt.06-05-2015 2/2 a consideration of Rs. 30,000/-. The petitioner was not named in the First Information Report and the F.I.R. was lodged against unknown, and subsequently on the basis of confession of one Anup Kumar, the name of the petitioner has figured during investigation.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender within a period of eight weeks from today on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Barh, Patna in connection with Saksohara P.S. Case No. 12 of 2013 (Tr. No.

227/2014), subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Vats/- U T