Shiv Kumar Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.8025 of 2015 (2) dt.26-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8025 of 2015 Arising Out of PS.Case No. -590 Year- 2014 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Shiv Kumar Choudhary S/o Late Binod Kumar Choudhary Resident of Mohalla Karbigahiya, P.S. Jakkanpur, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

26-02-2015.

Heard both sides.

Petitioner seeks bail in a case under Section 379 IPC. The petitioner was apprehended and the vehicle bearing No.BR 01 GB-9399 and BR 01-GB-7399 were recovered from the western side of Chiraihatand R.O.B.

Learned counsel for the petitioner submits that 500 kgs. telephone wire was recovered from the site but the same were not found from the conscious possession of the petitioner. The petitioner is not the owner of the vehicle. There is no material to show that the petitioner committed any theft. Considering the facts that the petitioner's claim that the vehicle and 500 kgs. of telephone wires were not recovered from his possession, the petitioner, named above, is directed to 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 the C.J.M. Vaishali at Hajipur in connection with Hajipur Sadar P.S.Case No.590 of 2014.

(Prabhat Kumar Jha, J) ahk/- U T