Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40218 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- NAUGACHHIYA RAIL P.S. DistrictKhagaria ====================================================== BHARAT KUMAR S/o Upendra Sharma R/o village- Fatehpur, Jamalpur Gogri, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Naugachhia Rail P.S. Case No. 46/2018, instituted for offence under Section(s) 379 of the Indian Penal Code.

It is alleged in the written report that some unknown person committed theft of mobile phone of wife of informant while informant and his wife were travelling in train. Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case on the basis of location of mobile. Petitioner has been arrested in this case merely on suspicion.

It is mentioned in the impugned order that para 106

Patna High Court CR. MISC. No.40218 of 2019(2) dt.04-07-2019 2/2 and 122 of case diary show that petitioner had used stolen mobile set with his SIM. It is further mentioned that in para 123 of case diary petitioner has stated that one unknown boy of Katihar had given him stolen mobile set to talk with his family members.

Petitioner is in custody since 21.04.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 (Rail), Khagaria, in connection with Naugachhia Rail P.S. Case No. 46/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T