IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44317 of 2008 UMESH KUMAR GUPTA, SON OF PARMANAND GUPTA, R/V MANBODHNAGAR, P.S.BIKRAMGANJ, DISTRICT ROHTAS------------------PETITIONER. Versus STATE OF BIHAR--------------------OPPOSITE PARTY. with Cr.Misc. No.44534 of 2008 KRISHNA KUMAR SINGH @ KRISHNA SINGH, SON OF SHRI RAMA KANT SINGH, R/V DHANGAYAE, P.S. BIKRAMGANJ, DISTRICT ROHTAS---------------PETITIONER. Versus STATE OF BIHAR--------------------OPPOSITE PARTY. \For the Petitioners : M/S Vinay Kirti Singh, Vikram Deo Singh, Advocates. For the Opposite party : Mr. Nitya Nand Tiwary, APP. ----------- 03. 05.12.2008 Heard learned counsel for the petitioners and the State. Petitioner in the two application are accused in a case which was registered for the offence under Sections 395, 397 and 412 of the Penal Code in connection with forcible disappearance of Tavera vehicle. It is submitted on behalf of the petitioners that the vehicle in question was hired by Punit Singh and Chandan Dubey for going to Rohtas from Patna and in the way petitioners also became co- passengers as they were known to the driver from before. Petitioner Umesh Kumar Gupta and Krishna Kumar Singh @ Krishna Singh alighted from the vehicle at Dinara whereafter the vehicle proceeded ahead with Punit Singh and Chandan Dubey. Later the driver was dispossessed of the vehicle and vehicle found abandoned in front of I.T.I., Vikramganj. It is submitted on behalf of the petitioner Krishna Kumar Singh @ Krishna Singh that he having alighted from the vehicle at Dinara does not know how the vehicle was found in front of I.T.I., Vikramganj. So far petitioner Umesh Kumar Gupta is concerned his - 2 - mobile has been recovered from the vehicle and on that basis it has been found by the Sessions Judge that the petitioner was arrested with the stolen vehicle. Such finding of the Sessions Judge appears to be an error of record as from the seizure list it does not appear that the petitioner Umesh Kumar Gupta was arrested with the vehicle, rather his mobile was recovered from the vehicle. It is also submitted on behalf of the petitioners that their antecedent is absolutely clean, which fact be verified by the court below and if found correct then petitioners, namely, Umesh Kumar Gupta(In Cr. Misc. No. 44317 of 2008) and Krishna Kumar Singh @ Krishna Singh(In Cr. Misc. No. 44534 of 2008) be released on bail on furnishing bail bonds of Rs.5,000/-(Five thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Bikramganj, Rohtas(Sasaram)(In Cr. Misc. No. 44317 of 2008) and C.J.M., Rohtas at Sasaram((In Cr. Misc. No. 44534 of 2008) in connection with Dinara P.S. Case No 75 of 2008(In Cr. Misc. No. 44317 of 2008)) and Dinara/Bhanas P.S. Case No. 75 of 2008((In Cr. Misc. No. 44534 of 2008). Rajesh/ (V.N.Sinha, J)