Suraj Kumar @ Suraj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15926 of 2015 Arising Out of PS.Case No. -940 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Suraj Kumar @ Suraj Kumar Yadav S/o Moti Yadav R/o Urdu Bazar, P.S. Tatarpur, Distt. - Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Smt. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 The petitioner is languishing in custody since 24.12.2014 in connection with Kotwali (Tatarpur) P.S. Case No. 940 of 2014 for the offences instituted under sections 379 and 411/34 of the Indian Penal Code.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that on the date of occurrence, the driver and cleaner of a truck bearing registration No. UP 53 T 2355 parked the said truck before Sarvottam Transport, Ram Das Gupta Road, Mandroja and they slept by the road side. It is alleged that in the meantime, 4-5 unknown persons stolen some goods from the truck. On hearing some sound, when he awoke, the miscreants fled away. The goods worth Rs.26,100/-
Patna High Court Cr.Misc. No.15926 of 2015 (2) dt.09-06-2015 were stolen from the said truck.
It is submitted on behalf of the petitioner that the petitioner has no criminal antecedent and he is in custody since 24.12.2014. Further it has been submitted that the petitioner is not named in the F.I. R. In course of investigation, the petitioner has been made accused. It is further submitted on behalf of the petitioner that there is no recovery of any stolen goods from the conscious possession of the petitioner.
On behalf of the State it has been submitted that the petitioner has played an active role in committing theft of goods which were on the truck.
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 Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Tatarpur) P. S. Case No. 940 of 2014.
(Sudhir Singh, J) Amin/- U