Bibhash Kumar @ Bibhash Yadav @ Vibhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2238 of 2019 Arising Out of PS. Case No.-7 Year-2017 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Bibhash Kumar @ Bibhash Yadav @ Vibhash Kumar Bechan Yadav Resident of Village-Mali,Ward No. 06 P.S.-Baildor (Beldaur) , District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Kumar Yadav For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 30.08.2018 in connection with Uda Kishunganj P.S. Case No. 07 of 2017 registered for the offences punishable under Section 392 of the Indian Penal Code.

Prosecution case as per the FIR is that informant, Mithilesh Singh gave a written report to the officer Incharge of Uda Kishunganj P.S. to the effect that on 18.01.2017 on the information being received regarding illness of his daughter, Jyotish Kumar, he along with Kishun Singh proceeded for Raja Sonbarsa on motorcycle, when three miscreants on two motorcycles came and they robbed motorcycle of the informant and the Nokia mobile phone leading to registration of the FIR

Patna High Court Cr.Misc. No.2238 of 2019(2) dt.17-01-2019 2/2 against three unknown.

It is submitted by learned counsel for the petitioner that except the fact that the sim of the petitioner was used in the robbed mobile, there is no other evidence to suggest the involvement of the petitioner in the robbery. Petitioner is accused in one other case also.

Considering the circumstantial nature of evidence and the period of custody, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Uda Kishanganj in connection with Uda Kishunganj P.S. Case No. 07 of 2017.

(Dinesh Kumar Singh, J) sanjeev/- U T