Umesh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29596 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -NIRMALI District- SUPAUL ======================================================

1. Umesh Mehta son of Musaharu Mehta Resident of Dumuhan , P.S. Nirmali, District - Supaul .

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Indu Bala Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 392 of the Indian Penal Code.

The prosecution case in, brief, is that four persons on two motor cycle came at Petrol Pump and took petrol in both motor cycles worth Rs. 500/- and on demand of petrol price they pointed fire arm, snatched money from the informant and also snatched mobile phone from other employee and took an amount of Rs. 1,80,000/- cash and one L.C.D. and thereafter they fled away.

On behalf of the petitioner, it has been submitted that the petitioner is in custody since 18.4.2015.Charge sheet has

Patna High Court Cr.Misc. No.29596 of 2015 (3) dt.16-10-2015 2/2 been submitted in this case. There is no allegation of tampering with the evidence against the petitioner. The petitioner is not named in the FIR. No T.I. parade has been conducted. There is no recovery of any incriminating article from the possession of the petitioner. It is further submitted that the petitioner may be released after completion of nine months in custody from 18.4.2015.

On behalf of the State it is submitted that the petitioner is not named in the FIR.

Considering the facts aforesaid, let above named petitioner be released, after completion of nine months in custody from 18.4.2015, on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Afzal Alam, learned Judicial Magistrate, Birpur (Supaul) in Nirmali P.S.Case No. 58 of 2015. (Sudhir Singh, J) singh/- U T