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Patna High CourtCR. MISC./11571/2019allowed

Ram Kishore Singh @ Fekan Singh @ Baba @ Nageshwar Baba v. The State Of Bihar

2019-02-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11571 of 2019 Arising Out of PS. Case No.-37 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== RAM KISHORE SINGH @ FEkAN SINGH @ BABA @ NAGESHWAR BABA Son of Late Nand Kishore Singh Resident of Mohalla - Bari Patandevi, PO- Gulgarbagh , p.s.- Alamganj, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr. Navin Kr. Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody in connection with Agamkuan P.S. Case No. 37 of 2018 for the offence under Sections 457, 380 of the Indian Penal Code and later on is replaced under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner was named in the FIR, his name surfaced subsequently during course of investigation. Learned counsel for the petitioner further submits that petitioner is in custody since 9.8.2018. He further submits that petitioner has not been put on TIP, in a case registered against unknown, it is obligatory on the prosecution to establish the involvement of the petitioner

Patna High Court CR. MISC. No.11571 of 2019(2) dt.26-02-2019 2/2 as an accused. But in the instant case notwithstanding the petitioner is in jail custody since 20.10.2018 he has not put on TIP, as such petitioner deserves for bail.

Considering the fact that the petitioner has remained in custody for more than four months and the case is registered against unknown and yet petitioner has not been put on TIP for identification of his involvement in the instant case, the Court is inclined to grant bail to the petitioner. Let, the petitioner named above, 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 learned A.C.J.M. 1st, Patna City, in connection with Agamkuan P.S. Case No. 37 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T