Radheshyam Kumar @ Radheshyam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1140 of 2017 Arising Out of PS.Case No. -107 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Radheshyam Kumar @ Radheshyam Yadav, Son of Patiram Prasad Yadav, Resident of Village-Godhiya, Madhiya, P.S.-Lakhaura, District-East Champaran, Motihari .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 17-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Chatauni P.S. Case No.107 of 2015 registered under Section 379 and, later on, added Section 411 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate-XIV, Motihari, East Champaran.
While the petitioner is not named in the F.I.R. as on the basis of the written report of the informant Gopal Kumar Singh, the present case in respect of theft of the motorcycle of the informant was lodged against unknown under Section 379 of the
Patna High Court Cr.Misc. No.1140 of 2017 (2) dt.17-01-2017 2/2 Indian Penal Code but, in course of investigation, the theft motorcycle of the informant was recovered from the possession of the petitioner and on that basis Lakhaura P.S. Case No.157 of 2015 was instituted. Thereafter, the petitioner was remanded in this case on 02.07.2015.
Submission on behalf of the petitioner is that while the petitioner is accused in three other cases, as detailed in paragraph3 to this application, but out of the three cases, the petitioner is on bail in two cases.
Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.
(Rajendra Kumar Mishra, J) P.S./- U T