Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17863 of 2019 Arising Out of PS. Case No.-891 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Upendra Kumar Son of Mithu Prasad, Resident of Village-Bedauli, P.S-Kako, District-Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

The prosecution case in short is that from the office of Instacart Services Ltd. Two computers, CCTV, DVR as also Cash Rs. 21,82,429/- was found missing.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 07-11-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any

Patna High Court CR. MISC. No.17863 of 2019(4) dt.15-07-2019 2/2 incriminating article from possession of the petitioner. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 02-05-2019 passed in Cr. Misc. No. 10112 of 2019.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 891 of 2018.

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