Nand Kishore Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.479 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -NANHPUR District- SITAMARHI ====================================================== Nand Kishore Bhagat S/o Ramphal Bhagat resident of Village Raipur, P.S. Nanpur, District Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 10.08.2016 in connection with Nanpur P.S. Case No. 192 of 2016 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that unknown accused persons have committed theft of his white colour Bolero vehicle, bearing Registration No. BR-06 PB-4300 from his garage.

It has been submitted by the counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that for recovery of the stolen vehicle, a separate

Patna High Court Cr.Misc. No.479 of 2017 (2) dt.11-01-2017 2/2 case, bearing Pupri P.S. Case No. 163 of 2016 has been lodged against the petitioner. It has further been submitted that the petitioner has no other criminal antecedent except Pupri P.S. Case No. 163 of 2016 regarding theft of the same vehicle. He submits 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 circumstances, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 192 of 2016, subject to the condition that the petitioner will appear before the learned Court below as and when required.

(Nilu Agrawal, J.) Arjun/- U T