Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22337 of 2017 Arising Out of PS.Case No. -269 Year- 2016 Thana -BASANTPUR District- SIWAN ====================================================== Upendra Kumar, Son of Prabhu Prasad, Resident of Village: Usari, P.S. Basantpur, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate.

For the Opposite Party : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2017 Heard both sides.

The petitioner seeks bail in Basantpur P.S. Case No. 269 of 2016, registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

The informant lodged the case against unknown for theft of tractor bearing Registration No. BR04G-0411. During course of investigation, the witnesses disclosed that the petitioner and others stole the tractor and sold the same to Ashok Chaudhary, Rakesh Kumar Yadav and Ajay Paswan. On such information, the petitioner and other accused persons were arrested and they are said to have confessed their guilt. Ashok Chaudhary also confessed his guilt along with other accused persons and they disclosed that the tractor was handed over to Ajay Paswan and, in

Patna High Court Cr.Misc. No.22337 of 2017 (2) dt.18-05-2017 2/2 pursuance thereof, the tractor was recovered from Shanti Technical Institute, Siwan managed by Ajay Paswan. Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner. The petitioner is in jail since 01.01.2017. The petitioner was remanded in two other cases also, after institution of the present case, although the petitioner is not named in the aforesaid cases. Considering the facts aforesaid the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in Basantpur P.S. Case No. 269 of 2016. (Prabhat Kumar Jha, J.) KKSINHA/- U T