Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27215 of 2018 Arising Out of PS.Case No. -213 Year- 2016 Thana -BARGANIA District- SITAMARHI ====================================================== Pawan Kumar, S/o Saryug Mahto, Resident of Village- Shivnagar Nunia tola, P.S.- Bairgania, Dist.- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bairgania P.S. Case No. 213 of 2016 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. The allegation is regarding a written report having been filed by the informant on 18.10.2016 on the allegation that unknown thief had committed theft of his laptop and mobile. The learned counsel for the petitioner submits that the FIR is against unknown person and after a lapse of two years a mobile is said to have been recovered from the house of the petitioner said to be stolen but nonetheless no Test Identification Parade of the said mobile phone has been held, hence it cannot be

Patna High Court Cr.Misc. No.27215 of 2018 (3) dt.09-07-2018 2/2 said that the said mobile is stolen mobile. It is further submitted that there is no other material whatsoever in the entire case diary to connect the petitioner with the alleged crime. Lastly, it is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 04.3.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released 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 Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 213 of 2016.

(Mohit Kumar Shah, J) S.Sb/- U T