Pramod Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.25220 of 2016 (4) dt.09-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25220 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Pramod Kumar, Son of Prahalad Prasad, Resident of village- Sodhana Madhopur, P.S- Siwaipatti, District-Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ganesh Prasad Singh, Advocate For the Opposite Party : Mr. Ajay Kr.-2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Mithanpura P.S.Case No.89 of 2016 pending in the Court of CJM, Muzaffarpur registered for an offence under Section 379 of the IPC.

It is alleged by the informant that some unknown thief committed theft of tempo of the informant bearing registration no.BR-06PC-3338 in the night of 28.03.2016 which was parked at Sanskrit College, Kanhaulidih.

Learned counsel for the petitioner submits that the petitioner is in custody since 17.04.2016. Charge-sheet has been submitted in the case. There is no allegation of tampering of

Patna High Court Cr.Misc. No.25220 of 2016 (4) dt.09-08-2016 witnesses alleged against the petitioner. Petitioner has got no criminal antecedent. He has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner has made his confession in course of investigation and he was found in possession of the stolen vehicle in question. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, the same is rejected at this stage.

(Sudhir Singh, J) B.Kr./- U T