Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82042 of 2024 Arising Out of PS. Case No.-447 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== Babloo Kumar Son of Lal Babu Mahto village- Kort Bazar, Ward no. 1, PsSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and Mr. Madhura Nand Jha, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 331(2), 305(a) of the BNS.

3. The case of the prosecution is that on 17.07.2024, when the informant namely, Dharmendra Kumar woke-up, found his laptop, mobile with SIM was missing from his room. When the informant inquired about missing of his gazettes from the person who were living in the other rooms of the house, they also disclosed that their mobile with SIM are also missing. The

Patna High Court CR. MISC. No.82042 of 2024(3) dt.29-01-2025 2/3 informant's searched, but the same was not traced out. On the basis of above information, FIR was lodged against unknown miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. In para 35 of the case diary, it has come that the petitioner has handed over the stolen mobile to one Krishna Kumar. He disclosed to Krishna Kumar that he will give that mobile in Rs. 5,000/- and will hand over the documents after his mother comes from Delhi. It is next submitted that the mobile has only been recovered from his possession. It is further submitted that the petitioner is languishing in judicial custody since 10.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is having criminal antecedent of three cases where he is on bail on all those cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sitamarhi P.S. Case No. 447 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.82042 of 2024(3) dt.29-01-2025 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi.

(Ashok Kumar Pandey, J) Sudhanshu/- U T