Jitendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.19851 of 2017 (3) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19851 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Jitendra Kumar, Son of Panchu Chaudhary, Resident of Village- Jaglipir, P.S.- Digha, District- Patna at present residing at Village/ Mohallah- Dihrion-Sone, P.S.- Rohtas, District- Rohtas at Sasaram (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Raj Narayan Mishra For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihta P.S. Case No. 433 of 2016, registered under Section 414/34 of the Indian Penal Code.

The accusation of informant, A.S.I. of Bihta Police Station, is that in course of patrolling duty he intercepted a pick-up van bearing registration no. BR 01GD 6539, from which, iron road, pieces of rail track and other articles were recovered. Learned counsel for the petitioner submits that, in fact, petitioner is the driver of the pick-up van, from which, scrap materials were recovered but the said scrap materials were

Patna High Court Cr.Misc. No.19851 of 2017 (3) dt.02-08-2017 purchased by Jain Nath Rai from one Rakesh Kumar. In fact, at the time of occurrence, petitioner parked the pick-up van in side the road for taking the tea in the tea shop. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Bihta P.S. Case No. 433 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T