Ravindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34243 of 2019 Arising Out of PS. Case No.-559 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== RAVINDRA RAI Son of Late Ram Kishore Rai Resident of Village - Morsar Ratan, P.S.- Minapur, Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 22.01.2019 in a case registered for the offence punishable under Section 379 of the I.P.C.

The prosecution case is that a pick up van loaded with sewing machines was stolen and it is alleged that subsequently, sewing machines were recovered from the poultry farm of the petitioner.

It is submitted by learned counsel for the petitioner that the recovery has been made from an open area, hence the recovery cannot be treated from the conscious physical possession of the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner is accused in one another case, in which he is on bail.

Learned APP submits that the recovery has been made from the poultry farm of the petitioner.

Patna High Court CR. MISC. No.34243 of 2019(2) dt.27-05-2019 2/2 Considering the fact that the investigation has already been concluded and the period in custody, 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 learned A.C.J.M. -III, (West) Muzaffarpur in connection with Kudhani (Kurhani) P.S. Case No. 559 of 2018.

(Dinesh Kumar Singh, J) anil/- U