Sudhir Kumar @ Sudhir Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.48998 of 2016 (02) dt.15-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48998 of 2016 Arising Out of PS.Case No. -557 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Sudhir Kumar @ Sudhir Yadav, S/o Awadh Yadav, resident of VillageGopi Tola, P.S. Gangaur, District -Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh -Advocate For the Opposite Party/s : Mr. Sri Narsingh Tanti-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

After hearing rattling sound, informant awoke and saw petitioner along with Nitish Kumar fleeing from his house, having a box containing the items detailed therein. It has been submitted on behalf of petitioner that the allegation happens to be false and fabulous in the background of the fact that had there been complicity of the petitioner in taking away a box from the house of the informant, informant could not have mentioned the fact in the written report that after returning, he saw the box missing from his house. Furthermore, it has been submitted that petitioner happens to be under custody since 17.09.2016. Furthermore, submitted that nothing has been

Patna High Court Cr.Misc. No.48998 of 2016 (02) dt.15-12-2016 recovered from his possession.

On the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that petitioner was identified by the informant during course of running away with the box.

In the aforesaid facts and circumstances of the case, petitioner, Sudhir Kumar @ Sudhir Yadav is directed to 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 Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P. S. Case no.557 of 2016. (Aditya Kumar Trivedi, J) Vikash/- U T