Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16435 of 2017 Arising Out of PS.Case No. -698 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Harendra Kumar, son of Shri Kishundeo Sah, resident of village Gobri, P.S. Banjariya, Dist. East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Tiwari, Adv For the Opposite Party : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.12.2016 in connection with Motihari (Town) P.S. Case No. 698 of 2016 for the alleged offences under Sections 457 and 380 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the mobile number of the stolen mobile phone does not match with the seizure list.

4. Learned APP on the other hand submits that the IMEI No. 353383079813088 matches with the number stated in the seizure list and the statement of learned counsel for the petitioner is based on misreading as there is a mark at the end of the number which is erroneously being read as the digit '1'.

Patna High Court Cr.Misc. No.16435 of 2017 (2) dt.04-04-2017

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed. (Vikash Jain, J) Chandran/BT U T