Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7693 of 2019 Arising Out of PS. Case No.-368 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== Sonu Kumar, aged about 20 years, Male, Son of Manoj Rai, Resident of Village-Jadhua Chiknauta, P.S.-Hajipur Town, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manendra Kumar Sinha For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 29.10.2018 in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case is that on 12.09.2018 at 9.30 P.M., the informant after closing his shop was coming to his at house, when four persons on motorcycle came and on the point of country made pistol, they snatched Rs.5,000/- and the motorcycle. Subsequently, the informant identified the four persons including the petitioner.

It is submitted by learned counsel for the petitioner that the informant was known the petitioner from before and the petitioner has maliciously been in this FIR. It is further

Patna High Court Cr.Misc. No.7693 of 2019(2) dt.11-02-2019 2/2 submitted that there is no recovery from the petitioner and the informant has retracted from the initial version and filed a petition to that effect before the learned Court below. Though, the petitioner is accused in another case but he is on bail in that case.

Learned APP submits that the petitioner is named in the FIR and he has been identified by the informant. Considering the fact that the investigation has already been concluded, the retracted version of the informant and no recovery being made from the petitioner, 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 Additional Chief Judicial Magistrate-14, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 368 of 2018.

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