Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55488 of 2017 Arising Out of PS. Case No.-173 Year-2017 Thana- LADANIA District- Madhubani ====================================================== Subhash Kumar, Son of Rajendra Prasad, Resident of Village- Ladaniya, P.S.- Ladaniya, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Gagan Deo Yadav For the Opposite Party/s :

Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-11-2017 Heard Sri Gagan Deo Yadav, learned counsel for the petitioner and Sri Ram Bachan Singh, learned Additional Public Prosecutor.

The sole petitioner, who is in custody since 01.09.2017 in Ladaniya P.S. Case No. 173 of 2017, registered for the offence under Section 379, 411, 34 of the Indian Penal Code , 1860 has prayed for grant of bail.

By way of referring to the F.I.R. it was submitted by learned counsel for the petitioner that petitioner was not named in the F.I.R.,, rather in the F.I.R. it was disclosed by the informant that his mobile and some cash was stolen and subsequently, one of the accused namely Bal Ram Mandal was apprehended in market while he was pick- pocketing and then he made disclosure that he had sold the stolen mobile to one

Patna High Court Cr.Misc. No.55488 of 2017(2) dt.20-11-2017 2/2 Bhim Yadav. Thereafter, F.I.R. against Bal Ram Mandal and Bhim Yadav was drawn and subsequently, during investigation Bhim Yadav who had purchased the said mobile from Bal Ram Mandal disclosed that since the mobile was locked , he requested the petitioner to un-lock the same. Save and except this material, learned counsel for the petitioner submits that there is no other material to connect the petitioner in the present crime. Besides this , petitioner is having clean antecedent, which fact has been stated in paragraph no. 3 of the petition.

Considering the nature of accusation , period of custody and clean antecedent of the petitioner , let the petitioner Subhash Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Madhubani / concerned court in connection with Ladaniya P.S. Case No. 173 of 2017 .

(Rakesh Kumar, J) praful/- U T