Ram Preet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37422 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Ram Preet Kumar Son of Bateshwar Verma Resident of Village - Ganjpar, Police Station - Barbigha, District - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sheikhopur Sarai P.S. Case No. 15 of 2024 instituted for the offences under Sections 379, 411, 34 of the Indian Penal Code.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing theft of electric wire from the Power Grid situated at village Onama, Sheikhpura. It is alleged that the petitioner was apprehended on the spot and the stolen electric wire was recovered from his possession.
Patna High Court CR. MISC. No.37422 of 2024(2) dt.21-05-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to ulterior motive. He further submits that nothing incriminating has been recovered from the physical/conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 20.02.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is named in the F.I.R. and the police has recovered stolen electric wire from the possession of the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the
Patna High Court CR. MISC. No.37422 of 2024(2) dt.21-05-2024 3/3 petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhopur Sarai P.S. Case No. 15 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T