Patna High CourtCR. MISC./33664/2015bail granted

Pramod Kumar v. The State Of Bihar

2015-08-19Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33664 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -RAMPUR District- GAYA ====================================================== Pramod Kumar S/o Dukhan Mistry, Resident of Village-Deen Dayal Nagar Neema, P.S.- Magadh Medical, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Adv For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2015 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner is languishing in jail custody since 10.06.2015 in connection with Rampur P.S. Case No. 40 of 2015 (G.R. No. 661 of 2015) for offences alleged under Section 379, 461 of the Indian Penal Code. Later on Sections 411 and 34 of the IPC has been added.

The prosecution case is that one Raghvendra Pandey of Biotechnology Department of Gaya College, Gaya has given his written report before O/C Ramour stating therein that on 14/02/2015 there was theft of several articles details are given in a separate sheet of paper which relates to computers related goods and items which was stolen from the Department of Biotechnology, Gaya College, Gaya. It has further been said that the value of stolen items comes to about Rs. 1,70,640.00 and value of broken items comes to Rs. 59670/-. An F.I.R was instituted

Patna High Court Cr.Misc. No.33664 of 2015 (2) dt.19-08-2015 2/2 against unknown persons.

It has been submitted by the counsel for the petitioner that the petitioner has not been named in the FIR and his name figured on a confessional statement of one of the co-accused Jitendra Kumar. He has further submitted that there is no motive behind the alleged occurrence and the prosecution case is based on circumstantial evidence.

Under such circumstances, let the petitioner Pramod Kumar be enlarged 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 Additional Chief Judicial Magistrate, Gaya in Rampur P.S. Case No. 40 of 2015 (G.R. No. 661 of 2015).

(Nilu Agrawal, J) Prakash/- U T