Prabhat Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.7503 of 2018 (3) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7503 of 2018 Arising Out of PS.Case No. -652 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Prabhat Kumar, Son of Late Daya Karan Mishra, Resident of VillageBalhar, Police Station- Kanti (Panapur O.P.), District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 08.12.2016 in connection with Muzuffarpur Sadar P.S. Case No. 652 of 2016 for the offence registered under Sections 447, 341, 379, 342, 386, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the entire allegation is farfetched as it is hardly likely that in a remote place like the village of the informant, the shop would be open at a time past 9 'O' clock. It is further submitted that the real offender admittedly, escaped whereas the petitioner was apprehended on mere suspicion and he is languishing in jail for 14 months. Considering the nature of allegation made against the petitioner and that he has already been in custody for over a year,

Patna High Court Cr.Misc. No.7503 of 2018 (3) dt.27-02-2018 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 8th Additional Sessions Judge, Muzuffarpur in connection with Muzuffarpur Sadar P.S. Case No. 652 of 2016.

(Anjana Mishra, J) Jagdish/- U T