Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40687 of 2015 Arising Out of P.S.Case No. -216 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Surendra Singh Son of Rowdi Singh resident of Village - Garjaul, P.S. - Mahua, District - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. B.N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 379 of the Indian Penal Code. Later on, Section 411 of the Indian Penal Code is added.

As per prosecution case, informant, being a driver of the Bolero pick-up van bearing registration no. BR-01-GB 8073 loaded with eight generator sets, started from Exhibition Road, Patna to its destination at Narkatiaganj. On the way, the said pickup van along with generator sets were looted by two motorcycle borne unknown persons.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 9.7.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. Petitioner is said to have been made accused due to mistake of fact. The generator in question is said to have been kept outside the house of the petitioner. Other co-accused has been granted

Patna High Court Cr.Misc. No.40687 of 2015 (3) dt.27-10-2015 2 / 2 bail vide Cr. Misc. no. 36521 of 2015.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Sadar (Hajipur) P.S. Case no. 216 of 2015.

(Sudhir Singh, J) sudip/- U T