Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67632 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- GORAUL District- Vaishali ====================================================== RAHUL KUMAR Son of Yogendra Paswan @ Mahesh Paswan Resident of Village - Keshrawa, P.S.- Kudhani (Fakuli O.P.), District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 379 of the Indian Penal Code.

Allegation is that the F.I.R. named accused along with five unknown persons took away 2 H.P. motor, folding pipe of 80 kgs, tube well head and switch board worth Rs.50,000/-of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.08.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is not named in the F.I.R. The

Patna High Court CR. MISC. No.67632 of 2019(2) dt.23-10-2019 2/2 petitioner had no knowledge that the pumping motor in question is stolen property.

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, let 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 A.C.J.M. 1st, Vaishali in connection with Goraul P.S. case No.246 of 2019. (Sudhir Singh, J) Narendra/- U T