Bablu Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1300 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Bablu Kumar Sah, S/o Mahendra sah, resident of village - Simari, P.S. Bisfi, District - Madhubani .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Sri Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 14.07.2016 in connection with L.N.M.U. Darbhanga P.S. Case No.145 of 2016 registered for the offence punishable under Section 379 of the Indian Penal Code.
The prosecution case is that the informant came from market and parked his motorcycle in front of his house, but after some time he saw that his motorcycle was missing from there. He searched the motorcycle, but the same was not traced out. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated. He submits that on the basis of the confessional statement of co-
Patna High Court Cr.Misc. No.1300 of 2017 (2) dt.18-01-2017 2/2 accused, who had been arrested by the police i.e. Md. Juhi, Md. Zafar and one Shashi Kant Kumar, name of the petitioner surfaced. He submits that petitioner is a mechanic and the coaccused Shashi Kant Kumar had given the motorcycle for repairing at his workshop, hence, the motorcycle was recovered from the house of the petitioner. He submits that he has not committed any overt act and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State opposes the prayer for bail.
Be that as it may, considering the facts and circumstances and the submission of the parties, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. Darbhanga P.S. Case No.145 of 2016.
(Nilu Agrawal, J.) Arjun/- U T