Patna High CourtCR. MISC./49042/2019bail granted

Dhirendra Kumar @ Dhirendra Yadav v. The State Of Bihar

2019-08-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49042 of 2019 Arising Out of PS. Case No.-840 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Dhirendra Kumar @ Dhirendra Yadav Son of Jamun Yadav Resident of Village - Tulsibari Ward No. 03, P.S.- Madhepura, Dist.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 379/411 of the Indian Penal Code.

Allegedly, in the midnight of 13-10-2018 at about 2.00 A.M., the motorcycle of the informant, was stolen away by unknown miscreants.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-11-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused Prabhakar Kumar. There is no recovery of any incriminating article from possession of the

Patna High Court CR. MISC. No.49042 of 2019(2) dt.06-08-2019 2/2 petitioner. He has not been put on test identification parade. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 840 of 2018.

(Sudhir Singh, J) A.K.V.//- U T