Kabir Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.37667 of 2015 (3) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37667 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -BHAWANIPUR District- PURNIA ====================================================== Kabir Yadav son of Ghoghai Yadav, resident of village - Pakilpar, Police Station - Bihariganj, District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha, Adv. For the Opposite Party/s : APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.05.2015 in connection with Bhawanipur P.S. Case No. 80 of 2015 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. has been instituted against two unknown persons. Petitioner has been implicated merely on the basis of the stolen mobile phone from the house of his wife Rina Devi from whom the petitioner claims to be living separately.

4. Learned A.P.P. on the other hand refers to para-78 of the case diary which discloses that the stolen

Patna High Court Cr.Misc. No.37667 of 2015 (3) dt.16-10-2015 mobile phone has been recovered from the trouser pocket of the petitioner in the petitioner's house.

5. Having regard to the gravity of the offence and the nature of accusations, this Court is not inclined to grant bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/- U T