IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28448 of 2010
SATENDRA KUMAR RAI @ SATENDRA KUMAR .
Versus
STATE OF BIHAR .
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02/ 05.10.2010 Heard learned counsel for the petitioner and learned
counsel for the State.
2. This petition for bail has been filed by the petitioner,
who is an accused for offences punishable under section 379 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that the FIR
was lodged against unknown person stating that the driver had left
the truck near the Godown of Food Corporation of India,
Phulwariasarif in the evening of Saturday and had gone to his house
whereafter the said truck was stolen. He further submits that in his
subsequent statement, informant had stated that the driver had left
the khalasi along with truck and hence the khalasi who is the
petitioner of this case had been implicated. Learned counsel for the
petitioner further submits that the entire allegation is false and
frivolous as petitioner was not left with the truck and he has got no
hand in the alleged occurrence which was apparent from the fact that
just after few days of the lodging of the case, he had himself come to
the godown. Learned counsel for the petitioner further submits that
petitioner has got no criminal antecedent and is in custody since
29.05.2010.
4. Considering the facts and circumstances of this case as
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well as the arguments of the parties, this petition is allowed. Let
petitioner, namely Satendra Kumar Rai be released on bail on
furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Patna, in connection with Phulwarisharif
P.S. Case No.–277/10.
Ranjan (S. N Hussain, J.)