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Patna High CourtCR. MISC./11198/2017bail granted

Rinku Yadav v. The State Of Bihar

2017-04-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11198 of 2017 Arising Out of PS.Case No. -723 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Rinku Yadav, Son of Late Sita Ram Yadav, Resident of village - Narayanpur, P.S. Adalahart, District - Mirzapur ( U.P. ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 26.12.2016 in a case registered for offences punishable under Sections 414/34 of the Indian Penal Code.

The prosecution case as lodged by the police personnel is that on a secret tip off that a person is possessing a stolen motorcycle, apprehended the petitioner and found the motorcycle with the petitioner, who confessed his guilt and he did not produce any paper regarding the ownership of the said motorcycle.

It has been submitted by the learned counsel for the petitioner that he has been falsely implicated in the case and there

Patna High Court Cr.Misc. No.11198 of 2017 (3) dt.13-04-2017 2/2 is no criminal history. It is further submitted that charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail.

Considering the facts and circumstance of the case and materials on record , let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each the to the satisfaction of learned Chief Judicial Magistrate, Bhabhua at Kaimur in connection with Bhabhua P.S.Case No. 723 of 2016.

(Nilu Agrawal, J) Sudha/- U T