Cr.Dev. Benches granted bail to petitioner Rajeev Kumar @ Haporan @ Hapotan in a theft case involving fire injury in NTPC premises, noting he was not named in the FIR.
Petitioner enlarged on bail on furnishing bond of Rs.10,000 with two sureties.
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Patna High Court Cr.Misc. No.40978 of 2014 (2) dt.05-11-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40978 of 2014
Arising Out of PS.Case No. -166 Year- 2013 Thana -PANDARAK District- PATNA ====================================================== Rajeev Kumar @ Haporan @ Hapotan .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Shahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 05-11-2014 Heard both sides. Petitioner Rajeev Kumar @ Haporan @ Hapotan seeks bail in Pandark P.S.Case No.166 of 2013.
Ram Kishore Singh, the informant alleged that 50 to 60 thieves entered into the premises of NTPC for theft and the thieves also fired causing injury to one of the police officers.
Learned counsel for the petitioner submits that petitioner is not named in the FIR and the name of the petitioner figured in the confessional statement of a co-accused. There is no specific allegation against the petitioner and similarly situated co-accused Pappu Kumar and Awadhesh Kumar have already been granted bail by this Court vide order dated 09.05.2014 and 27.05.2014 respectively vide Cr.Misc.Nos.11499 of 2014 and 17327 of 2014.
Learned Additional P.P. did not dispute the aforesaid
Patna High Court Cr.Misc. No.40978 of 2014 (2) dt.05-11-2014
facts.
Having considered the aforesaid facts, let the petitioner, namely, Rajeev Kumar @ Haporan @ Hapotan 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 ACJM, Barh (Patna), in connection with Pandark P.S.Case No.166 of 2013.
(Prabhat Kumar Jha, J)
B.Kr./-
U T
1 issue framed by the court
Whether the petitioner, not named in the FIR but mentioned in a co-accused's confession, is entitled to bail in a theft case involving violence.
Rajeev Kumar @ Haporan @ Hapotan
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
