Patna High CourtCR. MISC./41061/2015bail granted

Rahul Kumar v. The State Of Bihar

2015-09-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41061 of 2015 Arising Out of PS.Case No. -675 Year- 2014 Thana -MADHEPURA District- MADHEPURA ====================================================== Rahul Kumar, Son of Rabindra Prasad Yadav @ Rajendra Prasad Yadav, Resident of Village- Malodha, P.S.- Basnahi, District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha, Adv. For the Opposite Party/s : Mr. B.N.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2015 Heard both sides.

The petitioner seeks bail in Madhepura (Ghailardh) P.S. Case No. 675/2014, registered for the offences punishable under Section 395 of the Indian Penal Code.

The informant lodged the case against the petitioner for snatching his motorcycle bearing registration no. BR 43E 5423. The name of the petitioner figured in the case during course of investigation, as some of the witnesses, namely Mukesh Kumar and others have stated that they saw the petitioner and other accused persons roaming around the place of occurrence and the accused persons were talking with each other by naming each other.

It is submitted that the informant claimed to identify the

Patna High Court Cr.Misc. No.41061 of 2015 (2) dt.09-09-2015 2/2 accused. The petitioner was apprehended. He was not put on Test Identification Parade. Save and except confessional statement of the petitioner and other accused persons, there is no tangible material against the petitioner. No looted article was recovered from the possession of the petitioner.

Considering the facts aforesaid, the petitioner above named 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, Madhepura, in connection with Madhepura (Ghailardh) P.S. Case no. 675/2014.

(Prabhat Kumar Jha, J.) Rakhi/- U T