Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24419 of 2017 Arising Out of P.S. Case No.82 Year 2016 Thana MAHESI District EAST CHAMPARAN (MOTIHARI) ====================================================== Rahul Kumar S/o Rambali Prasad Resident of Village- Bathna, P.S.- Motipur, District- Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-06-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. Petitioner, already in custody, seeks bail in connection with Mahesi P.S. Case No.82 of 2016, registered under Section 379 of the Indian Penal Code.
Allegation in brief is that the theft of the tractor of the informant was committed by some persons while it was parked by the side of the road and three persons also followed the tractor sitting on a Bolero vehicle. It is alleged that two co-villagers of the informant, named in the First Information Report, used to threaten him and suspicion is raised against them.
Learned counsel for the petitioner submits that petitioner is not named in the First Information Report. Merely on the basis of his confessional statement recorded by the police
Patna High Court Cr.Misc. No.24419 of 2017 (2) dt.15-06-2017 2 / 2 while he was in custody in another case, he has been falsely implicated in this case. Neither the petitioner was put on TIP nor tractor was recovered from him and charge sheet has been submitted in this case.
Having considered the said facts and circumstances, petitioner, namely, Rahul Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, East Champaran at Motihari in connection with Mahesi P.S. Case No.82 of 2016. (Arun Kumar, J.) S.Kumar/- U T