Azad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14930 of 2020 Arising Out of PS. Case No.-273 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== AZAD KUMAR Son of Jimdar Mahto Resident of Village - Simariya Ghat, Bind Toli, P.S.- Barauni, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 392 of the Indian Penal Code. The FIR of the occurrence of robbery is against unknown. The petitioner is in custody since 09.07.2019 after remand from some other case.

Submission is that petitioner was never put on Test Identification Parade nor any incriminating article was recovered from his possession. Only material against the petitioner is his confessional statement before the police which is no evidence in the eye of law.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.14930 of 2020(2) dt.03-03-2020 2/2 Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Barauni P.S. Case No.273 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T