Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17322 of 2019 Arising Out of PS. Case No.-278 Year-2018 Thana- BEUR District- Patna ====================================================== SUNIL KUMAR, Son of Gopal Mahto, Resident of Village - Munnachak, Saidabad, P.S.- Raghopur, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 29.11.2018 in a case registered for the offences punishable under Section 379 of the Indian Penal Code and later on Sections 411, 413 and 414 of the Indian Penal Code were also added.

The prosecution case as per the written report of Kripal Chandra Jaiswal, being the S.I. of C.I.D. (Head Quarter), Patna submitted to the S.H.O., Beur Police Station is to the effect that on 09.09.2018 at about 04.00 P.M., the informant

Patna High Court CR. MISC. No.17322 of 2019(2) dt.27-03-2019 2/3 parked his motorcycle in front of his house in the premises of his relative, but on 10.09.2018 at about 06.00 A.M., he found his motorcycle missing. Subsequently, from the CCTV footage, it appeared that one Dablu @ Tikeri switched off the street lights and thereafter, two other persons came and robbed the motorcycle of the informant, leading to registration of FIR against co-accused Dablu @ Tikeri and two other unknown persons. The name of the petitioner sprang up on the confessional statement of co-accused Dilip Kumar Rai as the person who was indulged in selling robbed motorcycle.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious physical possession of the petitioner and only on the basis of confessional statement of co-accused Dilip Kumar Rai, the petitioner has been roped in the present case. It is further submitted that the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is accused in two other cases. Learned APP for the State submits that the name of the petitioner sprang up on the confessional statement of coaccused person.

Patna High Court CR. MISC. No.17322 of 2019(2) dt.27-03-2019 3/3 been concluded and material on record does not suggest that the petitioner has been put on T.I. parade, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VIII, Patna in connection with Beur P.S. Case No.278 of 2018. (Dinesh Kumar Singh, J) Deepak/- U T