Deepak Kumar Giri @ Deepak Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5303 of 2019 Arising Out of PS. Case No.-302 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== Deepak Kumar Giri @ Deepak Giri, aged about 22 years, Male, Son of Harendra Giri, Resident of Village-Bhawaniganj, P.S.-Manjhargarh, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 19.11.2018 in a case registered for the offences punishable under Sections 392 and 411 of the IPC.

The prosecution case, as per the written report of Deepak Kumar Pandit, dated 01.10.2018 submitted to the Station House Officer, Manjhagarh Police Station, is to the effect that on 30.09.2018, the informant was travelling on a motorcycle, and on the way, four FIR named accused persons robbed his motorcycle. On chase, one Deepak Pandit was apprehended, from whom the robbed motorcycle was recovered. The apprehended co-accused, Dipak Pandit named the petitioner as

Patna High Court Cr.Misc. No.5303 of 2019(2) dt.31-01-2019 2/2 his accomplice.

It is submitted by learned counsel for the petitioner that neither any recovery has been made from the petitioner, nor has the petitioner been put on T.I., Parade. It is further submitted that only on the basis of confession of apprehended co-accused, the petitioner has been roped in the present case. Learned APP submits that the name of the petitioner sprang up on the confession of apprehended accused.

Considering the fact that thrust of accusation is against co-accused Dipak Pandit and neither the petitioner has been put on T.I. Parade, nor has any recovery been made from the petitioner, 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 Judicial Magistrate, 1st Class, Gopalganj in connection with Manjhagarh P.S. Case No. 302 of 2018.

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