Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44364 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ====================================================== Saurabh Kumar, Son of Late Madan Yadav, R/o Village- Naya Tola Jurabganj, P.S.- Kodha, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv. For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2017 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 Hasanpur P.S. Case No.54 of 2017, registered for offences alleged under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the First Information Report was lodged against unknown, but in course of investigation this petitioner was arrested and confessional statement was got recorded by the police. A perusal of the impugned order shows that on the statement of this petitioner a plastic bag containing cheque book in the name of Girish Kumar Thakur was recovered. Learned counsel submits

Patna High Court Cr.Misc. No.44364 of 2017 (2) dt.19-09-2017 that because the petitioner was involved in the earlier one case under Section 379 IPC, therefore his name has been dragged by the police in the present case also. He further submits that the petitioner is in custody since 01.06.2017 and investigation is already over. Therefore, the petitioner may be allowed the privilege of bail.

On the other hand learned APP opposed the prayer for bail.

In the facts and circumstances considering that the petitioner is in custody for more than three months by now and investigation is said to be over, let the petitioner, namely, Saurabh Kumar 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 A.C.J.M.-III, Rosera in connection with Hasanpur P.S. Case No.54 of 2017 (G.R.No.404 of 2017), subject to the conditions U/S 437(3) Cr.P.C. and subject to the further condition that one of the bailors should be a family member of the petitioner having no criminal antecedent. (Rajeev Ranjan Prasad, J) Arvind/- U T