Patna High CourtCR. MISC./38664/2017bail granted

Amit @ Avinash Srivastava v. The State Of Bihar

2017-08-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38664 of 2017 Arising Out of PS.Case No. -251 Year- 2016 Thana -PATLIPUTRA District- PATNA ====================================================== Amit @ Avinash Srivastava, Son of Late Lalan Srivastava, Resident of Mohalla-MiG no. 30 near Shalimar Sweets, Kankarbagh, Police StationKankarbagh, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Patliputra P.S. Case No.251 of 2016, registered for offences alleged under Sections 461, 379 and 427 of the Indian Penal Code.

Learned counsel for the petitioner submits that the First Information Report is against unknown, but the petitioner has been taken on remand in the present case on the basis of his alleged confessional statement in Mahua P.S. Case No.280 of 2016. It is submitted that in the said case he is on bail. Learned counsel submits that nothing has been recovered from the

Patna High Court Cr.Misc. No.38664 of 2017 (2) dt.19-08-2017 possession of this petitioner. He further submits that the petitioner is in custody since 20.02.2017, but the petitioner has not been identified because the investigating officer has not collected the CCTV for identification. The informant has not seen the occurrence.

Learned APP opposed the prayer for bail. However, he submits that the petitioner is in custody since 20.02.2017, nothing has been recovered from his possession and there is no identification of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, namely, Amit @ Avinash Srivastava be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Patliputra P.S. Case No.251 of 2016, subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T