Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36313 of 2017 Arising Out of PS.Case No. -175 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Ravi Kumar son of Arjun Ram resident of village - Darwan, P.S. Mohania, Dist - Kaimur, Bhabua.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rudra Deo, Advocate For the Opposite Party/s : Mr. Sri Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Mohania P.S. Case No. 175 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the First Information Report has been lodged against four unknown persons. Certain mobile numbers are also mentioned in the First Information Report with an allegation that the accused persons took away all those mobiles which were in possession of the informant and his friends. It is alleged that one of the mobile phone of Ibol Company was allegedly recovered from the house of

Patna High Court Cr.Misc. No.36313 of 2017 (2) dt.10-08-2017 this petitioner.

Learned counsel for the petitioner submits that the name of the petitioner has been implicated on the basis of his confessional statement, the seizure list has been prepared showing recovery from his residential house. Learned counsel further submits that the petitioner is living in a joint family in a residential house and the recovery as alleged cannot be said to be from his conscious possession, the petitioner had no criminal antecedent prior to the present case, however, after his arrest he has been remanded in Mohania P.S. Case No. 178/2017. The petitioner is said to be in custody since 23.04.2017, the investigation is over and a charge-sheet has already been submitted against him.

Learned Additional Public Prosecutor for the State opposes the prayer for regular bail of the petitioner. Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua, in

Patna High Court Cr.Misc. No.36313 of 2017 (2) dt.10-08-2017 connection with Mohania P.S. Case No. 175/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T