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Patna High CourtCR. MISC./12281/2020allowed

Shipu Kumar v. The State Of Bihar

2020-02-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12281 of 2020 Arising Out of PS. Case No.-370 Year-2019 Thana- DIGHA District- Patna ====================================================== SHIPU KUMAR Son of Sri Nirmal Choudhary Permanent Address - Dahiyawan Brahman Toli, Behind of Siya Maszid, P.S.- Town, Distt - Saran, At present address - Kurji Balu Par, Vikash Nagar, Renter of Krishna Singh House, P.S.- Digha, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 399 and 402 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 fo the Arms Act. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has been made accused in this case on the basis of his confession before the police which has no evidentiary value. The petitioner is rotting in judicial custody since 02.07.2019.

Patna High Court CR. MISC. No.12281 of 2020(2) dt.28-02-2020 2/2 Considering the facts and circumstances of the case, let the, above named, petitioner 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 A.D.J.-XXII, Patna in Sessions Trial No. 986 of 2019 arising out of Digha P.S. Case No. 370 of 2019. (Arvind Srivastava, J) brajesh/- U T