Patna High CourtCR. MISC./283/2017bail granted

Lattu Kumar Yadav And ANR v. The State Of Bihar

2017-01-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.283 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lattu Kumar Yadav Son of Nandu Rai

2. Bhukhal Kushwaha @ Bhukhal Prasad Kushwaha Son of Vurai Kushwaha Vurai @ Ghurai Pd. Kushwaha Both Resident of VillageRajapur Mathia, POlice Station-Kotwa, District-East Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Section 379 of the Indian Penal Code.

The prosecution story, in brief, is that the Hero Honda Splendor Pro motorcycle of the informant was found missing while the said motorcycle was parked in front of his grocery shop. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.09.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has not been put on T.I.P.

Patna High Court Cr.Misc. No.283 of 2017 (2) dt.10-01-2017 2/2 There is no recovery of any incriminating article from the possession of the petitioner. Except for the confessional statement of co-accused, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-11th, East Champaran at Motihari in connection with Kesariya P.S. Case No. 167 of 2016.

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