Rakesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54652 of 2016 Arising Out of PS.Case No. -99 Year- 2016 Thana -TATARPUR District- BHAGALPUR ====================================================== Rakesh Ram S/o late Kishun Ram Resident of Village- Sathi, P.S. Tarapur, District Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 23.07.2016 in connection with Tatarpur (University) P.S. Case No. 99 of 2016 registered for the offence punishable under Section 380/34 of the Indian Penal Code and later on Section 411 of IPC has been added.

The prosecution case as alleged by the informant is that while he and his friend was sleeping in their room two persons came and took away the bag containing mobile and other documents.

It has been submitted by learned counsel for the petitioner that one person namely, Munna Kumar was

Patna High Court Cr.Misc. No.54652 of 2016 (2) dt.23-12-2016 2/2 apprehended who revealed the name of petitioner and others. It has further been submitted that he is innocent. There is no criminal history and it is only on the basis of the statement of the apprehended co-accused that he has been named. It has further been submitted that no TIP has been done so far and nothing has been recovered from the conscious possession of the petitioner and charge sheet has already been submitted, hence there is no chance of tampering with the prosecution evidence.

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

Be that as it may, considering the facts and circumstances of the case, 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 Additional Chief Judicial Magistrate, Bhagalpur in connection with Tatarpur (University) P.S. Case No. 99 of 2016.

(Nilu Agrawal, J) Prakash/- U T