Pappu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16183 of 2019 Arising Out of PS. Case No.-303 Year-2014 Thana- MUFFASIL District- Aurangabad ====================================================== Pappu Chaudhary Son of Banshi Chaudhary @ Vanshi Chaudhary Resident of Village - Mauna Tola Kadhwa, P.S.- Nokha, Distt - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

The prosecution case in short is that at night, the miscreants having weapons in their hand entered into house of the informant by way of roof and took ornaments of Rs. One lac and also utensils.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 18-01-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of

Patna High Court CR. MISC. No.16183 of 2019(4) dt.15-07-2019 2/2 any incriminating article from possession of the petitioner. He has not been put on test identification parade. The other coaccused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 08-05-2017 passed in Cr. Misc. No. 21455 of 2017.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Muffasil) P.S. Case No. 303 of 2014.

(Sudhir Singh, J) A.K.V.//- U T