Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40681 of 2020 Arising Out of PS. Case No.-138 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== Jitendra Sah, S/o Shiyaram Sah, R/o Village- Mahuain, Ward No. 1, P.S.- Bathnaha, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-06-2021 Heard Mr. Hans Lal Kumar, the learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sursand P.S. Case No. 138 of 2020, instituted for the offences under Sections 379 and 411/34 of the Indian Penal Code.

A tractor was reported to have been stolen from in

Patna High Court CR. MISC. No.40681 of 2020(2) dt.23-06-2021 2/3 front of the godown of the informant. Later, the police found the vehicle to be parked in front of the house of one Ramshresth Rai, whose son, viz., Shravan Kumar was trying to open the parts of the tractor. The name of the petitioner has transpired in the confessional statement of aforesaid Shravan Kumar.

It has been submitted on behalf of the petitioner that there has been no recovery from his constructive or direct possession and except for such confession of an arrested accused person, there is no material to connect him with the offence.

The petitioner does not have criminal antecedents. Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned I/C Chief Judicial Magistrate, Sitamarhi, in connection with Sursand P.S. Case No. 138 of

Patna High Court CR. MISC. No.40681 of 2020(2) dt.23-06-2021 3/3 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T