Avinash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7061 of 2019 Arising Out of PS. Case No.-838 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== AVINASH SINGH, Son of Nagendra Singh, R/o village- Pipara Mathiya, P.SBathwariya, Dist. West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Md. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 01.11.2018 in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. The prosecution case as per the informant, Rajesh Kumar, is that he parked his motorcycle near Tanga Stand, Meena Bazar and went to purchase some household articles. On

Patna High Court Cr.Misc. No.7061 of 2019(2) dt.07-02-2019 2/3 returning, the informant found that his motorcycle was missing, leading to registration of FIR against unknown. It is further alleged that the petitioner was apprehended during investigation on confessional statement of the co-accused persons namely, Kundan Kumar Pandey, Ayush Kumar and Prabhat Kumar. It is submitted by learned counsel from 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 apart from the present case, the petitioner is accused in one other case in which he is on bail.

Learned APP for the State submits that the name of the petitioner sprang up on the confessional statement of other co-accused persons.

Considering the fact that the name of the petitioner sprang up on the confessional statement of other co-accused persons, the petitioner has not been put on T.I. parade and the investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case

Patna High Court Cr.Misc. No.7061 of 2019(2) dt.07-02-2019 3/3 No.838 of 2018.

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