Sumit Kumar @ Sumit Kumar Acharya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59801 of 2017 Arising Out of PS.Case No. -262 Year- 2017 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Sumit Kumar @ Sumit Kumar Acharya S/o Shri Bodh Krishna Acharya @ Krishna Acharaya, R/o Village- Muraul, P.S.- Bajpatti, DistrictSitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Bajpatti P.S. Case No.262 of 2017, a case under Sections 457/380 of the Indian Penal Code.

The F.I.R. of the occurrence of theft of the motorcycle was lodged against unknown. However, within two hours the vehicle was recovered and the petitioner, who is nephew of the informant, informed that he had given the key to the person from whose possession the recovery was made.

Submission is that this is a case of mistake of fact. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.59801 of 2017 (3) dt.11-01-2018 P2/ Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T