Uday Kumar @ Uday Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17335 of 2019 Arising Out of PS. Case No.-423 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== Uday Kumar @ Uday Paswan, Son of Vishwanath Paswan @ Vishvnath Paswan Resident of Village - Bangra Bansidhar, P.S.- Kudhani, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Kudhani P.S. Case No.423 of 2018 registered for the offence punishable under Sections 414 and 34 of the Indian Penal Code. Prosecution case as per the written report of Shashi Bhushan, submitted to S.H.O. Kudhani P.S. is to the effect that on 24.08.2018, a secret information was received that Udai Paswan, the petitioner and co-accused Dharmenda Paswan are standing at Kudhni railway station with a stolen motorcycle. Subsequently, the informant reached on the spot, but on seeing the police party, they started fleeing away, but on chase being made, co-accused Dharmendra Paswan was apprehended and one motorcycle was recovered. On enquiry, the apprehended co-accused disclosed that he along with the petitioner and co-accused, one Raushan Kumar have stolen the alleged motorcycle.

Patna High Court CR. MISC. No.17335 of 2019(2) dt.26-03-2019 2/2 It is submitted by learned counsel for the petitioner that the petitioner has no concern with the alleged motorcycle, neither he was apprehended from the spot. It is further submitted that the petitioner is not having any criminal antecedent, statement to that effect has been made in paragraph no.3 of the bail application. Considering the nature of accusation and the fact that the petitioner is not having any criminal antecedent, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 3rd (West) Muzaffarpur in connection with Kudhani P.S. Case No.423 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Dinesh Kumar Singh, J) sanjeev/- U T