← Library
Patna High CourtCR. MISC./46662/2016bail granted

Birbal Kumar v. The State Of Bihar

2016-12-05Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46662 of 2016 Arising Out of PS.Case No. -125 Year- 2016 Thana -RAGHOPUR District- SUPAUL ====================================================== Birbal Kumar Son of Late Satya Narayan Thakur, Resident of VillageAzad Tola, P.S. Madhepura, District- Madhepura. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-12-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in judicial custody since 23.06.2016 in connection with Raghopur P.S.Case No.125 of 2016 for offence alleged under Sections 379/34 and 411 of the IPC. The prosecution case as lodged by the informant is that his Bolero vehicle was stolen from his house and two unknown persons were in the said vehicle. One Sumo Victa was also behind the Bolero vehicle and two persons were also sitting in the said vehicle, accordingly, FIR was registered against unknown. During course of investigation, it has come that the petitioner was also sitting on the Bolero vehicle.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.46662 of 2016 (4) dt.05-12-2016 2/2 petitioner that he is innocent and has no criminal history and he was the owner of the said Sumo Victa vehicle and had gone to the marriage ceremony and was returning late and took lift on the Bolero vehicle and has been caught. He submits that the Bolero vehicle was being driven by one Sudhansu Ranjan and the petitioner has been arrested only on the basis of suspicion. He further submits that nothing has been recovered from his possession.

However, learned APP for the State opposes the prayer for bail.

Be that as it may, since chargesheet has already been submitted, let the above named petitioner be released 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 ACJM, Birpur, District-Supaul in connection with Raghopur P.S.Case No.125 of 2016.

(Nilu Agrawal, J) B.Kr./- U T