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Patna High CourtCR. MISC./9546/2020allowed

Rohit Kumar v. The State Of Bihar

2020-06-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9546 of 2020 Arising Out of PS. Case No.-23 Year-2019 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== Rohit Kumar, aged about 22 years, Gender, Male, Son of Hari Kishor Yadav, Resident of Village - Devachak, P.S. - Malepur, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-06-2020 Heard the parties through the virtual court proceeding. The petitioner apprehends his arrest in connection with G.R.P.S. Jhajha (Jamui) P.S. Case No.23 of 2019 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

The prosecution story, in brief, is that the informant Manisha Jha has submitted a written report to the S.H.O., Rail P.S., Barauni stating therein that she along with her mother was coming to Barauni from Tata by Train No.18181 Tata Express. When the train reached at Jamui Railway Station, one unknown person has snatched the hand purse from her mother, which contains Bank of India Pass-Book, United Bank Pass-Book, two ATM Cards, PAN Card, Aadhar Card, Voter Card, papers of Kewala, Receipt, Rs.25,000/- cash and two mobile phones.

Patna High Court CR. MISC. No.9546 of 2020(2) dt.17-06-2020 2/3 Learned counsel for the petitioner submits that the petitioner is quite innocent, has not committed any offence as alleged but has falsely been implicated in the present case. The petitioner is not named in the F.I.R. He further submits that the information regarding offence has been given to t he S.H.O., G.R.P.S., Barauni and the case has been forwarded to the G.R.P.S., Jhajha (Jamui) and registered against unknown person.

Learned counsel for the petitioner further submits that the matter of fact is that the petitioner had found a mobile phone in his field situated near Railway Line during farming and petitioner has himself produced that mobile phone to the nearest police station except this nothing else has been recovered from the petitioners, which is evident from the seizure list. Learned counsel for the petitioner further submits that the charge sheet has been submitted against the petitioner and there is no allegation against the petitioner to tamper with the witnesses. Petitioner has got no any criminal antecedent. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of

Patna High Court CR. MISC. No.9546 of 2020(2) dt.17-06-2020 3/3 six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of A.C.J.M., Railway, Kiul, DistrictLakhisarai in connection with G.R.P.S. Jhajha (Jamui) P.S. Case No. 23 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T