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Patna High CourtCR. MISC./9651/2022bail granted

Anup Kumar v. The State Of Bihar

2022-12-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9651 of 2022 Arising Out of PS. Case No.-157 Year-2021 Thana- DINARA District- Rohtas ====================================================== ANUP KUMAR Son of Jamidar Paswan @ Jamindar Paswan Resident of Village - Amaithi, P.S. - Sanjhauli, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, four accused persons on two motorcycles are said to have looted the informant of various articles as mentioned in the FIR.

It is submitted by learned counsel for the petitioner that the FIR was registered against four unknown. Allegedly in course of investigation certain incriminating articles were recovered from the house of Munna Kumar and on his confessional statement made before the police, the name of the petitioner and other accused persons transpired. No incriminating article has been recovered from the petitioner's

Patna High Court CR. MISC. No.9651 of 2022(3) dt.19-12-2022 2/2 possession who is in custody since 5.9.2021 and investigation in the case is complete. It is lastly submitted that similarly situated accused have been enlarged on bail and inspite of the petitioner being in custody since 5.9.2021 and chargesheet having been submitted, the petitioner has not been put on T.I. parade. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the FIR was registered against unknown and inspite of the petitioner having remained in custody for more than a year since 5.9.2021, chargesheet having been submitted without putting the petitioner on T.I. parade, the Court directs the petitioner to be enlarged on bail in connection with Dinara P.S. Case no. 157 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIII, Bikramganj, Rohtas. (Partha Sarthy, J) Bibhash U