Patna High CourtCR. MISC./53438/2018bail granted

Upendra Chaudhary v. The State Of Bihar

2018-10-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53438 of 2018 Arising Out of PS.Case No. -167 Year- 2018 Thana -GAYA RAIL P.S. District- GAYA ====================================================== Upendra Chaudhary, S/o Raj Kumar Chaudhary, Resident of Village- Kashi Chak, P.S.- Kashi Chak, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Gaya Rail P.S. Case No.167 of 2018 instituted for the offence under Section(s) 379, 411, 414/34 Indian Penal Code.

Counsel for the petitioner has filed Supplementary Affidavit stating that one more criminal case is pending against him vide Kashichak P.S. Case No.70 of 2018.

In the written report, it is alleged that mobile phone of the informant was snatched at the railway platform. He raised halla thereafter this petitioner along with another accused was arrested and mobile phone of the informant was said to be recovered from possession of this petitioner.

Patna High Court Cr.Misc. No.53438 of 2018 (3) dt.25-10-2018 2/2 Counsel for the petitioner submits that petitioner is in custody since 18.06.2018. There was no identification mark mentioned on the mobile of the informant in the written report. Keeping in view the period spent by the petitioner in custody, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Railway Magistrate, Railway Court, Gaya, in connection with Gaya Rail P.S. Case No.167 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T