Bablu Kumar @ Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26280 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== BABLU KUMAR @ BABLOO KUMAR, aged about 25 years, Male, Son of Amarnath Patel, Resident of Village-Santghat, P.S-Bairiya, District-West Champaran.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party :

Mrs.Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 19.01.2019 in a case for the offence registered under Section 414 of the IPC.

The prosecution story, in brief, is that on 19.01.2019 during patrolling, the informant has got information that a person is moving with a stolen Motorcycle at about 3.30 P.M. at Soyababu Chowk. One person was caught with a Motorcycle by the police and told his name as Md. Shamim. On enquiry, he did not produce any paper about the Motorcycle bearing No. BR22-AA-3824 and police seized the said Motorcycle and arrested him. Co-accused Md. Shamim told that the Motorcycle was stolen by Bablu Kumar (petitioner) and has given the

Patna High Court CR. MISC. No.26280 of 2019(2) dt.23-04-2019 2/2 Motorcycle to him.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come merely on the basis of confessional statement of coaccused Md. Shamim. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 64/2019.

(Sudhir Singh, J) U.K./- U T