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Patna High CourtCR. MISC./11432/2019bail granted

Sintoo Choudhary v. The State Of Bihar

2019-02-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11432 of 2019 Arising Out of PS. Case No.-346 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SINTOO CHOUDHARY, Son of Late Naresh Choudhary, R/o villageDaradhi, P.S- Sajour, Dist- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand Vivek, Advocate.

For the Opposite Party/s :

Mr. Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kotwali P.S. Case No. 346 of 2018, instituted for the offence under Section(s) 379 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. There is no recovery from conscious possession of the petitioner. No Test Identification Parade has been held. The name of petitioner has been disclosed by co-accused Awadhesh Kumar who was apprehended by the Police in connection with Kotwali P.S. Case No. 471 of 2018 and on the basis of his confessional statement recorded in that case, petitioner has been made

Patna High Court CR. MISC. No.11432 of 2019(2) dt.26-02-2019 2/2 accused in the instant case.

Petitioner is in custody since 25.9.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali P.S. Case No. 346 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T