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Patna High CourtCR. MISC./1435/2017allowed

Bablu Prasad @ Babalu Kumar Prasad v. The State Of Bihar

2017-01-16Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.1435 of 2017 (2) dt.16-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1435 of 2017 Arising Out of PS.Case No. -83 Year- 2016 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Bablu Prasad @ Babalu Kumar Prasad, Son of Prabhu Prasad, R/o Village-Madhopur, P.S.-Basantpur (Nabiganj O.P.), District-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner is in custody since 21.11.2016 in connection with Sidhwalia P.S. Case No. 83 of 2016 registered under Sections 461 and 379 of the Indian Penal Code.

3.

Accusation is of theft of electronic items such as Mobile, Desktop, Hard Disk, etc.

4.

Learned counsel for the petitioner has submitted that the petitioner is not named in the First Information Report. Moreover, occurrence took place on the night of 26.09.2016 but the F.I.R. has been lodged after four days on 01.10.2016 against unknown. No looted articles have been recovered from the possession of the petitioner. The petitioner has falsely been implicated in this case due to dirty village politics as his mother had contested in the election of Mukhiya.

Patna High Court Cr.Misc. No.1435 of 2017 (2) dt.16-01-2017 5.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Gopalganj in connection with Sidhwalia P.S. Case No. 83 of 2016. (Arvind Srivastava, J) brajesh/- U T