Ashish Kumar @ Babul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58850 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- FULKAHA District- Araria ====================================================== ASHISH KUMAR @ BABUL Son of Shri Bhupendra Prasad Yadav Resident of Village - Kosikapur, P.S.- Fulkaha, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Yadav For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 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 413, 414 read with section 34 of the Indian Penal Code.

Prosecution allegation, in short, is that a stolen car was recovered from the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.6.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner had no knowledge that the car in question is stolen property. The petitioner has been made accused due to mistake of fact.

Patna High Court CR. MISC. No.58850 of 2019(2) dt.25-09-2019 2/2 On behalf of the State, it is submitted that the petitioner is 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, Araria in connection with Fulkaha P.S. Case No. 100 of 2019.

(Sudhir Singh, J) Pankaj/- U T