Surendra Raut Kamkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52033 of 2016 Arising Out of PS.Case No. -181 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Surendra Raut Kamkar son of Late Kashi Raut Kamkar, Resident of Village- Raniganj Sirasiya, Police Station- Pokharaiya, District- Parsa Nepal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 379 and 411 of the I.P.C. Accusation is that the petitioner was caught red handed while stealing bicycle of one Rakesh Kumar.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.8.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner had picked up the bicycle of Rakesh Kumar thinking it to be his own bicycle. There was no intention of committing any

Patna High Court Cr.Misc. No.52033 of 2016 (2) dt.15-12-2016 2/2 theft by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned S.D.J.M., Raxaul, Motihari in connection with Raxaul P.S. case No.181 of 2016.

(Sudhir Singh, J) Narendra/- U T