Jitendra Shrivastava v. The State Of Bihar

Patna High Court Cr.Misc. No.29836 of 2014 (2) dt.16-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29836 of 2014 Arising Out of PS.Case No. -107 Year- 2011 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jitendra Shrivastava Son of Satya Narain Shrivastava Resident of Village-Siswa Goiti Lala Tola, P.S.-Nabuan Nauranigia, DistrictKushinagar in the State of Uttar Pradesh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Nr. Sinha, Sr. Advocate Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2015 Heard learned Senior Counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 107 of 2011 registered for the offence punishable under Section 392 of the Indian Penal Code. The prosecution is that the tractor of the informant was looted away by four unknown miscreants. During investigation the Police apprehended one Birendra Chaudhary who confessed his guilt and disclosed the name of this petitioner that he has contacted the petitioner to purchase the looted tractor in question besides that there is no allegation against the petitioner.

Patna High Court Cr.Misc. No.29836 of 2014 (2) dt.16-01-2015 Submission is that in identical case the petitioner has been allowed bail vide Cr. Misc. No. 32003 of 2014 and due to enmity, co-accused has named the petitioner, though the petitioner has got no concern and from the house of the petitioner one key of the tractor's tank and hinz pin have been recovered which are of the petitioner's tractor.

Certified copy of seizure list has been produced by the learned counsel for the petitioner which has been taken on record.

In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Shikarpur P.S. Case No. 107 of 2011, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T