Siyaram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78538 of 2024 Arising Out of PS. Case No.-873 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== SIYARAM KUMAR S/O- SRI BALDEV PRASAD @ BALDEV YADAV Village- Charkapathar Ps- Fatehpur Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Fatehpur P.S. Case no. 873 of 2023 instituted for the offence under Sections 379 of the Indian Penal Code.

3. The case of the prosecution is that informant has parked his tempo on his door. In the next morning, he found that his tempo was missing from there. The case was filed against unknown persons.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that during investigation, the stolen tempo was recovered from one

Patna High Court CR. MISC. No.78538 of 2024(2) dt.29-11-2024 2/2 Nitesh Kumar. The said Nitesh Kumar has given his confessional statement in Fatehpur P.S. Case NO. 894 of 2023 and in that confessional statement, he has named this petitioner. Further submission is that petitioner is having criminal antecedent of one case in which the stolen tempo was recovered from Nitesh Kumar.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Fatehpur P.S. Case no. 873 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-X, Gaya, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Jagdish/- U T