Arun Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50997 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -ISHOPUR District- BHAGALPUR ======================================================

1. Arun Kumar Thakur son of Somnath Thakur @ Shyamnath Thakur resident of village/mohalla - Rifatpur, p.s. - Pirpainty, Distt - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Ishipur (Barahat) P.S. Case No. 60/17 for offences punishable under Section 379 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his new car was parked near the house of the petitioner, who was his driver of the said car, but the same was stolen for which information was given by the petitioner.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case only on the basis of suspicion. He submits that he was the driver of the said vehicle,

Patna High Court Cr.Misc. No.50997 of 2017 (2) dt.15-11-2017 2/2 who had parked the car outside his house, which was stolen and information was given to the informant, but petitioner has been roped in the aforesaid case. He further submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and he is languishing in judicial custody since 13.07.2017.

However, learned APP for the State opposes the prayer for bail stating therein that although there is no eye-witness to the alleged occurrence, but the vehicle was stolen, which was parked near the house of the petitioner.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VII, Bhagalpur, in connection with Ishipur (Barahat) P.S. Case No. 60/17.

(Nilu Agrawal, J) Rajesh/- U T