Bhupendra Yadav @ Bhupendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10163 of 2021 Arising Out of PS. Case No.-223 Year-2018 Thana- GURARU District- Gaya ====================================================== BHUPENDRA YADAV @ BHUPENDRA KUMAR, SON OF RAM CHANDRA YADAV RESIDENT OF VILLAGE- LUTUA, LP.S. RAUSHANGANJ (BANKEY BAZAR) , DISTRICT- GAYA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-02-2022 Heard Mr. Javed Jafar Khan, the learned counsel for the petitioners and Mr. Raj Kishroe Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Gurau P. S. Case No. 223 of 2018, dated 17.12.2018, instituted for the offence under Section 379 of the Indian Penal Code.

The motor-cycle of the informant was stolen. In

Patna High Court CR. MISC. No.10163 of 2021(3) dt.21-02-2022 2/3 the F.I.R. which has been registered against unknown, one Mantu was arrested from whose possession the stole motorcycle was recovered. He is said to have named the petitioner. Because of such confession made by aforesaid Mantu, the petitioner was named in two cases; one being the subject F.I.R. and the other namely, Guraru P. S. Case No. 197 of 2018, in which the petitioner has been granted bail. The only material against the petitioner is the confession of an arrested accused person.

Apart from the two cases, referred to above, the petitioner has not been made accused in any other case whatsoever.

Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Gaya, in

Patna High Court CR. MISC. No.10163 of 2021(3) dt.21-02-2022 3/3 connection with Gurau P. S. Case No. 223 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T