Patna High CourtCR. MISC./49213/2024bail granted

Sunil Kumar v. The State Of Bihar

2024-08-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49213 of 2024 Arising Out of PS. Case No.-64 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== SUNIL KUMAR SON OF KODAI BHAGAT RESIDENT OF VILLBAKHRI, P.S- RAJEPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar , Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 379 of the Indian Penal Code .

3. Allegation in the F.I.R. is that on 05-05-2021, informant got information from his servant, namely, Ravindra Mhato, that her tractor, bearing Registration No. BR06GL.4760,Chassis No. 3913545ya01371, and Engine No. WSTA31419149204, is not available at the door and informant alleged that the same is stolen by some unknown persons.

4. Learned counsel for the petitioner submits that the name of the petitioner transpired on the confessional statement of other co-accused person namely Himanshu Kumar. No stolen

Patna High Court CR. MISC. No.49213 of 2024(2) dt.08-08-2024 2/2 article has been recovered from the possession of the petitioner. Except confessional statement, there is no other material available on record to show the complicity of the petitioner in the alleged occurrence .

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named 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 the learned CJM, East Champaran Motihari in connection with Rajepur P.S. case No. 64 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T