Rahul Sharma @ Rahul Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28962 of 2019 Arising Out of PS. Case No.-100 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== RAHUL SHARMA @ RAHUL KUMAR SHARMA Son of Bidyanand Sharma @ Bido Sharma Resident of Village - Mohaniya, P.S.- Bakhtiyarpur, District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Prosecution case, in short, is that the accused persons looted the raw materials meant for construction of bridge. It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.9.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has not been apprehended on the spot. The name of the petitioner has transpired on the basis of disclosure made by local residents. Except for this, there is no
Patna High Court CR. MISC. No.28962 of 2019(3) dt.17-05-2019 2/2 substantive evidence to suggest implication of the petitioner in the present case. There is no recovery of any incriminating articles from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that 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 learned Sessions Judge, Saharsa in connection with S.T. No. 191 of 2018 arising out of Salkhua P.S. Case No. 100 of 2018. (Sudhir Singh, J) Pankaj/- U T