Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19374 of 2019 Arising Out of PS. Case No.-115 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== BIPIN KUMAR Son of Late Fuleshwar Ray R/o village- Sultanpur Chourahi, P.S.- Patory, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2019 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner, already in custody since 28.12.2017 seeks bail in Hajipur Town P.S. Case No. 115 of 2017, registered under Sections 341, 323 and 382/34 of the IPC. The allegation in brief is that some unknown miscreants committed dacoity in the house of the informant and prosecution has been launched against persons named in the FIR.

Submission is that the petitioner is not named in the FIR, however, during investigation, the name of the petitioner has transpired on account of disclosure of his name in the confessional statement of one Bipin Kumar, however, neither any incriminating material has been recovered from his

Patna High Court CR. MISC. No.19374 of 2019(2) dt.05-04-2019 2/2 possession nor he was put on TIP and the investigation has already been completed in the matter and the petitioner has been in custody in this case for the last 14 months. It is submitted that though the petitioner is an accused in some cases, but in some of them he is on bail. Lastly, it is stated that exactly similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court vide orders dated 30.7.2018, 6.10.2018 and 12.12.2018 passed in Cr. Misc. No. 45602 of 2018, 59379 of 2018 and 70601 of 2018. The petitioner is stated to be languishing in custody since 6.2.2018.

Having considered the said facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 115 of 2017.

(Mohit Kumar Shah, J) Tiwary/- U T