Bhola Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14042 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- DHURAIYA District- Banka * ====================================================== Bhola Das, Son of Bal Kishore Das, Resident of Village- Maniyarpur, P.S.- Banka, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mrs. Ishrat Bano ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 15.10.2018 in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case as per the informant Amarjit Kumar is that he was being robbed of Rs.1,07,045/-, a mobile phone, and a Samsung Tab by two persons riding on a motorcycle, leading to the registration of FIR against two unknown persons. Subsequently, the petitioner was arrested during investigation.

It is submitted by learned counsel for the petitioner that the petitioner was arrested merely on the basis of suspicion. It is further submitted that there is no recovery from the

Patna High Court CR. MISC. No.14042 of 2019(2) dt.08-03-2019 2/2 conscious physical possession of the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner is accused in four other cases, but he is on bail on all those cases.

Learned APP for the State submits that the name of the petitioner sprang up during investigation. Considering the fact that the impugned order suggests that the petitioner was being put on T.I. parade, but was not identified by the informant and investigation has already been concluded, 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 Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No.213 of 2018 .

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T