Updesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32364 of 2021 Arising Out of PS. Case No.-325 Year-2020 Thana- PIPRA District- Supaul ====================================================== UPDESH KUMAR S/O- Radheshyam Yadav R/O- Jaraila, Ward No. - 7, P.S. - Triveniganj, District - Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Om Prakash Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Pipra P.S. Case no. 325 of 2020 registered for the offence punishable under section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 23.01.2021 and charge sheet has been submitted and petitioner is person with clean antecedent. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that FIR was instituted against unknown and the informant alleges that on 10.12.2020 at 7 p.m., when he reached near brick-kiln situated at village Sakhua, three unknown accused persons came riding on motorcycle from back side of the victim and surrounded him by overtaking and thereafter, it is alleged that his belongings were snatched which includes mobile,

Patna High Court CR. MISC. No.32364 of 2021(2) dt.26-11-2021 2/2 driving licence and insurance paper. Learned counsel for the petitioner further submits that petitioner is not named in the FIR and his name has come on the confessional statement of one Mukesh Kumar who was arrested by the police based on secret information received from police spy. He next submits that petitioner purchased the said mobile from Mukesh Kumar and was using his own Sim which amply demonstrates that petitioner was not aware that the mobile was stolen, further, it is submitted, if the petitioner knew that the mobile was stolen, he would not have inserted his sim in the said mobile fearing arrest.

Learned APP opposed the prayer for bail.

Considering the facts that petitioner is in jail custody since 23.01.2021, charge sheet has been submitted and petitioner is a person with clean antecedent, the petitioner is directed to 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 the Addl. Chief Judicial Magistrate VI, Supaul in Pipra P.S. Case no. 325 of 2020.

(Satyavrat Verma, J) s.hassan/- U T