Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5033 of 2019 Arising Out of PS. Case No.-160 Year-2018 Thana- SALIMPUR District- Patna ====================================================== Gautam Kumar Son of Dukhan Prasad @ Kaushlendra Kumar Resident of Village - Bhikhua, P.S- Fatuha, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 he State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

The prosecution case in brief is that the petitioner along with co-accused committed theft of motorcycle and mobile phone of the informant.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-07-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. No test identification parade was conducted in this case. There is no recovery of any incriminating article. The name of the petitioner surfaced in this case on the basis of confessional statement of co-accused. The petitioner has got no

Patna High Court CR. MISC. No.5033 of 2019(3) dt.18-04-2019 2/2 concern with the alleged motorcycle, in question. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-III, Barh, District-Patna in connection with Salimpur P.S. Case No. 160 of 2018.

(Sudhir Singh, J) A.K.V.//- U T