Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52943 of 2019 Arising Out of PS. Case No.-840 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== PRABHAKAR KUMAR Son of Ramesh Yadav Resident of Village-Tulsibari, P.S-Madhepura, District-Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 379 and 411 of the Indian Penal Code. Prosecution allegation, in short, is that motorcycle of the informant was stolen.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.11.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of his self confession made in respect of other case. The petitioner had no knowledge that the motorcycle in question is a stolen property. There is no

Patna High Court CR. MISC. No.52943 of 2019(2) dt.23-08-2019 2/2 compliance of Section 100 of Cr.P.C.

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, it is directed that 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 learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 840/2018.

(Sudhir Singh, J) Pankaj/- U T