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Patna High CourtCR. MISC./9385/2016bail granted

Arun Kumar Mallick v. The State Of Bihar

2016-02-29Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9385 of 2016 Arising Out of PS.Case No. -987 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Arun Kumar Mallick son of Ramdeo Mallick, resident of D.B. Road, Saharsa, P.S. & District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is in judicial custody since 04.12.2015 in connection with Saharsa Sadar P.S. Case No. 987/15 for offences alleged under Sections 457 and 380 of the Indian Penal Code, subsequently Section 411 I.P.C. has also been added. The prosecution case, as lodged by the informant, is that he was regularly residing at his newly constructed building but on 28.11.2015 he went to his native village for urgent work after putting lock at his house. On 29.11.2015, when he came back to his house at about 10.00 A.M. he found the lock of his house broken. He entered into his house and found laptop and mobile phone missing as also cash worth Rs. 22,500/- kept in the drawer

Patna High Court Cr.Misc. No.9385 of 2016 (2) dt.29-02-2016 2/2 of table was stolen by unknown thief. The informant assessed the value of the stolen articles to the tune of Rs. 70,000/-. It has been submitted by the learned counsel for the petitioner that he is innocent having no criminal history and at the behest of one Rajesh Kumar Sah, who is owner of an electronic shop, name of this petition has surfaced. In fact, learned counsel for the petitioner submits that he is sweeper in the shop of Rajesh Kumar Sah and due to payment of arrears of salary they have strained relationship and the petitioner has falsely been implicated in the present case.

Learned APP for the State, however, opposes the prayer for bail.

Be that as it may, let 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 learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 987/15. (Nilu Agrawal, J.) Rajesh/- U T