Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29759 of 2015 Arising out of PS.Case No. -212 Year- 2015 Thana -BARACHATTI District- GAYA ====================================================== Upendra Kumar, Son of Jagdeo Prasad, resident of village - Kahudag Police Station - Bara Chatti, District - Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nikhilesh Kumar, Advocate. For the Opposite Party : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 The petitioner is apprehending his arrest in connection with Barachatti P.S. Case No. 212 of 2015 for the offences instituted under Sections 419, 420, 467, 468 and 471 of the IPC. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on having got secret information that some persons were involved in manufacturing false document to supply the truck drivers to pass the trucks loaded with goods without paying taxes through the State of Bihar, the informant being the officer-in-charge of Barachatti police station proceeded to the place as pointed out in

Patna High Court Cr.Misc. No.29759 of 2015 (2) dt.29-07-2015 2/3 secret information and on raid being made found the persons assembled in the room of one Muneshwar Yadav of villageKahudah fleeing away and in course of search recovered laptop and other accessories and a lot of papers relating to payment VAT, Invoice and permit of the different trucks and after seizing the same and preparing the seizure list instituted the case. It is alleged that the laptop and the papers related therewith found on the spot disclosed the name of this petitioner and he was one amongst other who seeing the police party had fled away from the spot. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that the petitioner's name has come on the basis of confidential information. It is further submitted that there is no direct or indirect evidence to suggest his implication in the present case. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Barachatti P.S. Case No. 212 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.29759 of 2015 (2) dt.29-07-2015 3/3 satisfaction of the learned S.D.J.M., Sherghati, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T