Shakti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8262 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== SHAKTI KUMAR Son of Ladoo Yadav Village - Jurabganj, P S Godha, District Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 11.7.2018 in a case registered for the offences punishable under Section 379 of the I.P.C.
The prosecution case is that the informant withdrew Rupees Two Lacs Thirteen Thousand from the bank through different ATM outlets and kept the same in the dickey of the motorcycle. Thereafter, the informant parked his motorcycle and went to take breakfast but when he came back, he found that the dickey of the motorcycle is broken and the money from the dickey is missing, leading to registration of FIR against unknown. The petitioner has been made accused on the basis of his confession made in other case.
It is submitted by learned counsel for the petitioner that
Patna High Court Cr.Misc. No.8262 of 2019(2) dt.14-02-2019 2/2 there is no recovery from the petitioner nor has the petitioner been put on Test Identification Parade till date. Learned APP submits that the petitioner confessed his guilt and is accused in other cases.
Considering the fact that the investigation has already been concluded, till date, the petitioner has not been put on Test Identification Parade and the period under custody, let the petitioner above named 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 the learned ACJM V, Bettiah in connection with Chanpatiya P.S. Case No.155 of 2018. (Dinesh Kumar Singh, J) anil/- U