Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15575 of 2017 Arising Out of PS.Case No. -322 Year- 2016 Thana -JAKKANPUR District- PATNA ====================================================== Rahul Kumar, Son of Krishna Prasad, R/o Village-Harla, P.S.-Dhanrua, District-Patna at Present Mohalla-NTPC Colony P.S.-Ramnagar, Dist.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sharma, Advocate For the Opposite Party/s : Mr. (Dr.) Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 15.12.2016 in connection with Jakkanpur P.S. Case No. 322/2016 registered for the offences punishable under Sections 379, 411, 414/34 of the Indian Penal Code.

The prosecution case is that on secret information police apprehended two persons and from their possession mobile phones were recovered. Apprehended persons disclosed the name of the petitioner to whom they sold the stolen mobiles and as per their statement house of the petitioner was searched and from there four mobile phones were recovered.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.15575 of 2017 (2) dt.12-04-2017 2/2 petitioner that he is innocent, bears no criminal history and was not apprehended by the police while selling mobile, in fact, he is alleged to be the purchaser of the mobile and no allegation under the aforesaid Sections of the Indian Penal Code is made out against him.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate, Patna in connection with Jakkanpur P.S. Case No. 322/2016.

(Nilu Agrawal, J) Rajesh/- U T