Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1364 of 2020 Arising Out of PS. Case No.-100 Year-2019 Thana- TANKUPPA District- Gaya ====================================================== SHIVA KUMAR Son of Mahendra Yadav Resident of Village - Tankuppa, P.S.- Tankuppa, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Tankuppa P.S. Case No. 100 of 2019 for the offence under sections 379, 411, and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

It is alleged that petitioner was involved in theft of motorcycle.

Learned counsel submits that the petitioner was not named in the FIR. His name surfaced on the confessional statement of the co-accused. He also submits that recovery was made from another person and not from the possession of this petitioner.

Patna High Court CR. MISC. No.1364 of 2020(2) dt.29-01-2020 2/2 The petitioner is in custody since 23.9.2019. Considering the fact that the petitioner has no criminal antecedent and he was not named in the FIR and noting was recovered from his possession, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25, 000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Gaya, in connection with Tankuppa P.S. Case No. 100 of 2019. (Anil Kumar Upadhyay, J) Ravi/- U T