Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55651 of 2016 Arising Out of PS.Case No. -199 Year- 2016 Thana -BAHERI District- DARBHANGA ====================================================== Ajit Kumar, son of Ranjeet Mandal, Resident of Village- Nimaithi, P.S.- Baheri, District- Darbhanga.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anjani Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2017 Heard both sides.
The petitioner seeks bail in Baheri P.S. Case No. 199/2016, registered for the offences punishable under Sections 379, 411 and 34 of the Indian Penal Code.
The informant lodged the case against unknown for theft of his motorcycle from the premises of State Bank of India, Baheri Branch. During the course of investigation, one Monu Kumar was arrested on the basis of C.C.T.V. footage, who confessed his guilt and disclosed the name of the petitioner Ajit Kumar and Arvind Kumar. The petitioner is also said to have confessed his guilt and from the house of the petitioner, stolen motorcycle was recovered. Learned counsel for the petitioner submits that the C.C.T.V. footage does not disclose the photograph of the
Patna High Court Cr.Misc. No.55651 of 2016 (3) dt.03-03-2017 2/2 petitioner and therefore, the petitioner did not commit theft of the motorcycle. Monu Kumar who happens to be the friend of the petitioner and kept the motorcycle at his house. The petitioner had no knowledge about the theft of the motorcycle. The petitioner is in jail since 07.11.2016. The petitioner has already remained in jail four months and he has got no criminal antecedent. Mr. Ram Bilash Roy Raman learned A.P.P. vehemently opposed the prayer for bail of the petitioner. Considering the facts aforesaid and the fact that the petitioner has already remained in jail for four months, the petitioner above-named, is directed to 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 Chief Judicial Magistrate, Darbhanga in connection with Baheri P.S. Case No. 199/2016.
(Prabhat Kumar Jha, J.) Vinita/- U T