Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6623 of 2019 Arising Out of PS. Case No.-70 Year-2018 Thana- EAST COLONY District- Munger ====================================================== Sandeep Kumar (Male, aged about 23 years, Son of Arjun Sao, Resident of Village-Dumrawan, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 23.09.2018 in a case registered for the offence punishable under Section 395 of the IPC.

The prosecution case, as per the Rajesh Kumar Singh, recorded by Ambika Prasad, S.H.O., of Kankarbagh Police Station on 17.09.2018 at Kabin One, Railway Hospital, East Colony is to the effect that on the same day, a robbery was committed in the house of the informant, leading the registration of FIR against unknown persons. The name of the petitioner

Patna High Court Cr.Misc. No.6623 of 2019(2) dt.06-02-2019 2/3 sprang up during investigation on the basis of confession of coaccused, Raja Kumar. It is submitted by learned counsel for the petitioner that neither any recovery has been made from the possession of the petitioner, nor has the petitioner been put on T.I. Parade. A statement has been made in paragraph no.3 of the petition that though the petitioner is made accused in eight othercases, but in all the cases, his name sprang up on the basis of confession of co-accused, hence in all cases, except one case, he has been granted bail and in one case, he has been acquitted. Learned APP submits that the name of the petitioner sprang up on the confession of co-accused persons.

Considering the fact that name of the petitioner sprang up during investigation on the basis confession of co-accused person and the petitioner has not been put on T.I. Parade, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-I, Munger in connection with East Colony P.S.Case No. 70 of 2018. Considering the serious criminal antecedent of the petitioner, learned Court below would be at liberty to cancel the bail bonds of the petitioner if he defaults for two consecutive

Patna High Court Cr.Misc. No.6623 of 2019(2) dt.06-02-2019 3/3 occasions, or if he substantially involved in some serious nature of offence.

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