Pradeep Kumar Gupta @ Pradeep Kumar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78028 of 2019 Arising Out of PS. Case No.-18 Year-2017 Thana- CHEWARA District- Sheikhpura ====================================================== Pradeep Kumar Gupta @ Pradeep Kumar Saw, Male, aged about 30 years, Son of Sri Krishori Sah, Resident of Village - Block Road, Raxaul, P.S.- Raxaul, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chewara P.S. Case No. 18 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code. As per F.I.R., the prosecution case is that on 24.03.2017 at about 10 P.M., five unidentified criminal looted a truck bearing Registration No.WB 23C 4954 with 340 bags of Maida.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. He has been made accused on the basis of confessional statement of co-accused. He

Patna High Court CR. MISC. No.78028 of 2019(3) dt.06-03-2020 2/2 further submits that neither any overt act has been levelled against the petitioner nor any looted articles have been recovered from the conscious possession of the petitioner. In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Ist, Sheikhpura in connection with Chewara P.S. Case No. 18 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T