Patna High CourtCR. MISC./25736/2016bail granted

Upendra Rai @ Upendra Yadav v. The State Of Bihar

2016-08-16Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.25736 of 2016 (3) dt.16-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25736 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Upendra Rai @ Upendra Yadav Son of shri Ramadhar Rai Resident of Village- Baswariya, PS Muffasil, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Sri Mujtabaul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 395 and 397 of the Indian Penal Code. It is alleged by the informant (Ranjeet Lama) that on 17.02.2016 he along with his assistant driver, Ashish Kumar, loaded 20,000 liters diesel and proceeded for Nepal. Near Bela Road, Ramgarhwa Police Station six unknown persons on Bolero over took the tanker and stopped in front of it and on the point of pistol over powered the informant and his assistant and looted away loaded tanker.

It is submitted on behalf of the petitioner that the petitioner is in custody since 20.02.2016. Charge sheet has been submitted in the present case. There is no allegation of tampering

Patna High Court Cr.Misc. No.25736 of 2016 (3) dt.16-08-2016 of the witnesses alleged against the petitioner. The petitioner is not named in the FIR. The name of the petitioner has come on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put on T.I. parade. On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, 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, East Champaran in connection with Ramgarhwa P.S.Case No. 13 of 2016.

(Sudhir Singh, J) singh/- U T