JUDGEMENT AND ORDER :

Heard Mr. DC Roy, learned counsel appearing for the petitioner as well as Mr. RC Debnath, learned counsel appearing for the respondent-State.

2. Based on the written ejahar dated 26.09.2012 filed by one Sanjoy Saha (PW-1) disclosing that his bike bearing registration No. TR-03-C-8146 had been stolen from a place before ‘Adi Sajghar’ located at Udaipur New Town Road, R.K. Pur police station case no. 440 of 2012 was registered under Section 379 of the IPC. It appears from the record that the stolen bike was recovered on 26.09.2012 itself by a police officer at a place nearby Indiranagar on Melaghar-Sonamura road. The petitioner was arrested in connection with the said case and on completion of the investigation he was charge-sheeted, but when the charges were framed under Section 379 and 411 of the IPC he denied the charges and pleaded innocence.

3. In order to substantiate the charges, the prosecution adduced 8 witnesses and admitted 5 documentary evidence including the seizure list (Exhibit-3). After recording the prosecution evidence, the petitioner was examined under Section 313 of the Cr.P.C when again the petitioner reiterated his plea of innocence, but the C

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