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Patna High CourtCR. MISC./22394/2017bail granted

Santosh Mallik v. The State Of Bihar

2017-06-21Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22394 of 2017 Arising Out of PS.Case No. -843 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Santosh Mallik, Son of Suresh Mallik, Resident of Village- Araria, P.W.D Hata, P.S. Araria, District- Araria, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 16.01.2017 in connection with Araria P.S. Case No. 843/16 for offences punishable under Sections 461, 379 of the Indian Penal Code, subsequently; Section 414 I.P.C. was also added. The prosecution case, as lodged by the Data Entry Operator of the sub-divisional election office, Araria, is that three laptop with charger and one hard disk was found missing from the office after breaking the lock of the computer room. It has been submitted by the learned counsel for the petitioner that earlier case was also lodged against unknown bearing Araria P.S. Case No. 842/16 in which seizure has been

Patna High Court Cr.Misc. No.22394 of 2017 (3) dt.21-06-2017 2/2 shown of the said laptop from the house of the petitioner. In the present case, no seizure-list has been prepared, in fact, the same article, which has been seized, has been shown in the seizure-list prepared in Araria P.S. Case No. 842/16 in which he has been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 13141/17 on 12.04.2017. It is further submitted that the petitioner has no other criminal history and that he has been falsely implicated in the aforesaid case. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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, Araria, in connection with Araria P.S. Case No. 843/16.

(Nilu Agrawal, J) Rajesh/- U T