Sashi Sekhar vs The State Of Bihar on 9 January, 2015

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Patna High Court - Orders

Sashi Sekhar vs The State Of Bihar on 9 January, 2015

Bench: Jitendra Mohan Sharma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.29444 of 2014
                        Arising Out of PS.Case No. -4 Year- 2014 Thana -PIRBAHOR District- PATNA
                 ======================================================
                 Sashi Sekhar, S/o Sunil Kumar, Resident of Village - Khal Ko Chak, P.S. -
                 Mukhamdumpur, District - Jehanabad.
                                                                       .... .... Petitioner/s
                                                  Versus
                 The State of Bihar.
                                                                  .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s   : Mr. M.Rub (APP)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                 SHARMA
                 ORAL ORDER

3   09-01-2015

Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehending his arrest in connection with Pirbahore P.S. Case No. 04 of 2014 registered for the offence under Sections 448, 341, 323, 379, 34 of the Indian Penal Code seeks privilege of pre arrest bail.

Allegedly, the petitioner being former student came in the hostel of the institute and took away LED T.V. of Sony company with Set Top Box. Guard Ali Abash was also assaulted by the petitioner at the time of taking away the T.V. set and Set Top Box.

Submission at the bar for pre arrest bail is that Ali Abash has falsely implicated the petitioner. The petitioner is passed out student of N.I.T., Patna and it cannot be believed that from his motorcycle he will go and took away the Television and Set Top Box. During investigation, the Set Top Patna High Court Cr.Misc. No.29444 of 2014 (3) dt.09-01-2015 2 Box and LED T.V. have been found kept in the premises and as such at the instance of Ali Abash the petitioner is being harassed.

The learned APP opposes the prayer of bail. As the T.V. set and Set Top Box have been recovered and as such in the light of rival contention, in case of arrest or surrender before the court below within two months from the date of receipt/production of a copy of this order, the petitioner namely Sashi Sekhar shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Anil Kumar Ram, J.M., Ist Class, Patna in connection with Pirbahore P.S. Case No. 04 of 2014 with condition as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) P.K./-

  U         T

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Patna High Court - Orders