Patna High CourtCR. MISC./13573/2017bail granted

Raja Kumar v. The State Of Bihar

2017-03-29Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.13573 of 2017 (2) dt.29-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13573 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Raja Kumar son of Bhullu Rai @ Navdeep Rai, R/o village- Mallikpur, P.S.- Raghopur, District- Vaishali.................. .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Raghopur P.S. Case No. 05 of 2016 registered for the offence punishable under Sections 414/34 of the Indian Penal Code. Allegedly, Jhallu Ray @ Dhallu Ray was apprehended with stolen tempo and he stated the name of the petitioner and coaccused Sohan Rai that they have stolen the said tempo four months ago and has brought to change the look. Submission is of false implication and that nothing has been recovered from possession of the petitioner, the name of the petitioner was taken by co-accused before the Police which has got no evidentiary value in the eye of law, there is no other material against the petitioner, due to enmity Jhallu Ray @ Dhallu Ray has taken name of the petitioner and as such the petitioner

Patna High Court Cr.Misc. No.13573 of 2017 (2) dt.29-03-2017 deserves sympathetic consideration.

Learned APP submits that the name of the petitioner was taken by co-accused.

In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 05 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T