Patna High CourtCR. MISC./10185/2019allowed

Pushkar Singh @ Pushkar Kumar Singh v. The State Of Bihar

2019-02-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10185 of 2019 Arising Out of PS. Case No.-172 Year-2017 Thana- CHHATAUNI District- East Champaran ====================================================== PUSHKAR SINGH @ PUSHKAR KUMAR SINGH, Son of Bipin Bihari Singh, Resident of village - Kurhiya, P.S- Piprakothi, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarendra Nath Verma, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Chhatauni P.S. Case No. 172 of 2017 for the offence under Sections 384 and 387 of the Indian Penal Code. Learned counsel for the petitioner submits that except the allegation that the petitioner is aid to the main accused Kunal Singh, there is no material to connect the petitioner in the present case. He submits that only on account of bad name, the petitioner has been made accused in the present case. He submits that there is no investigation in scientific line to connect the petitioner, who was at the relevant time inside the jail. He further submits that there is no material either to establish that the tower location of the mobile, which was used in the instant case was the jail premise where the petitioner was kept. The

Patna High Court Cr.Misc. No.10185 of 2019(2) dt.20-02-2019 2/2 petitioner is in custody since 13.07.2018.

Considering the fact that the name of the petitioner has come in the supervision and there is lack of scientific investigation to connect the petitioner in the commission of crime, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Chhatauni P.S. Case No. 172 of 2017.

(Anil Kumar Upadhyay, J) uday/- U