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Patna High CourtCR. MISC./26226/2017bail granted

Ravi Sarkar v. The State Of Bihar

2017-07-04Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26226 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Ravi Sarkar S/o Sri Nand Kishore Prasad @ Nand Kishore resident of Pakka Kuan Gali, Mahendru, P.S.-Sultanganj, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar,Advocate For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 24.03.2017 in a case registered for offences punishable under Sections 379 and 411/34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that when he parked his E- rickshaw near Vishal Apartment for taking tea and after returning he found his E-rickshaw was traceless and with the help of local people, the petitioner and one other accused were apprehended and on examination, some parts of the E-rickshaw was found missing.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated only

Patna High Court Cr.Misc. No.26226 of 2017 (2) dt.04-07-2017 2/2 on the ground of suspicion and he possesses his own E-rickshaw. It is further submitted that the petitioner has no criminal history and 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 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, Patna in connection with Pirbahore P. S. Case No. 122 of 2017.

(Nilu Agrawal, J) Sudha/- U T