Patna High CourtCR. MISC./29382/2020bail granted

Saddam Hussain v. The State Of Bihar

2021-01-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29382 of 2020 Arising Out of PS. Case No.-209 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== Saddam Hussain Aged About 30 Years, S/O Santu Miyan Resident Of Village- Mahuahwa, P.S.- Chanpatiya, District- West Champarn ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner apprehends arrest in a case registered for the offence punishable under section 379 of the Indian Penal Code.

Prosecution case is that on 13.4.2019 in the night some unknown miscreants committed theft of the informant's 12 wheeler red colour truck which was parked near Bazar Samiti. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has come during course of investigation in the confessional statement of co-accused. No incriminating material has been recovered from the conscious possession of the petitioner. Truck in question has already been recovered in its original condition on 21.4.2019 at

Patna High Court CR. MISC. No.29382 of 2020(3) dt.22-01-2021 2/2 Akhtiyarpur Chawk for which separate Police Station case bearing Gorhka Police Station Case No. 233 of 2019 has already been registered.

In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah West Champaran, in Bettiah Mufassil Police Station Case No. 209 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T