Badal @ Akhilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61975 of 2017 Arising Out of PS.Case No. -223 Year- 2017 Thana -CHAPRA TOWN District- SARAN ======================================================
1. Badal @ Akhilesh Kumar, Son of Rambabu Lal Srivastava, Resident of Village- Mirpur Bhual, P.S.- Dighwara, District- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 01.07.2017 in connection with Chapra Town P.S. Case No. 223 of 2017 for offences punishable under Section 392 of the Indian Penal Code.
The prosecution case as lodged by the informant is that while he was on his way three persons on a motorcycle intercepted and snatched his mobile and cash of Rs. 8,000/-. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the FIR and after being arrested in Chapra Town P.S. Case No. 240 of 2017, he has been remanded in the present case only on suspicion. He submits that
Patna High Court Cr.Misc. No.61975 of 2017 (4) dt.31-01-2018 2/2 nothing has been recovered from his possession and that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear clean antecedent.
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 Judicial Magistrate, 1st Class, Saran at Chapra in connection with Chapra Town P.S. Case No. 223 of 2017 subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned court, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) khushbu/- U T