Mohan Kumar @ Mohan Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8977 of 2015 Arising Out of PS. Case No. -124 Year- 2013 Thana -RAJPUR District- BUXAR ====================================================== Mohan Kumar @ Mohan Malakar, Son of Sri Munna Malakar, Resident of Village - Khandakpar, Biharshaif, P.S. - Biharsharif, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No. 13, Advocate. For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2015 Heard both sides.

The petitioner seeks bail in a case under Section 395 of the Indian Penal Code.

The petitioner is not named in the F.I.R. The learned counsel for the petitioner submits that on mere suspicion, the name of the petitioner figured in the case in the confessional statement of one suspect Pintu @ Vivek Kumar. Thereafter, the petitioner was arrested and the police also obtained his confessional statement. The police again obtained confessional statement of two other accused persons. The looted truck was found in the premises of Suhawal Police Station. The petitioner was not put on T.I.P. nor any looted article was recovered from the possession of the petitioner. The petitioner is in jail since 07.07.2014. Considering the facts aforesaid, the above named

Patna High Court Cr.Misc. No.8977 of 2015 (2) dt.26-03-2015 2/2 petitioner is directed to 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 the learned Chief Judicial Magistrate, Buxar in Rajpur P.S. Case No. 124 of 2013 corresponding to G.R. No. 1445 of 2013.

(Prabhat Kumar Jha, J) Dilip/- U T