Amit Bengali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17361 of 2019 Arising Out of PS. Case No.-117 Year-2017 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== AMIT BENGALI S/o Keshav Chandra @ Keshav Chandra Aadakh Resident of Mohalla- Motijheel, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 9.10.2018 in a case registered for the offence punishable under Section 392 of the I.P.C.

The prosecution case is that Dwarika Prasad being, an employee of a business firm, was going to deposit Rupees Twenty Thousand in bank but on the way, the money was robbed, leading to registration of FIR against two named persons and one unknown person. Subsequently, co-accused Ram Nath Kumar was arrested who disclosed the name of other co-accused namely Istekhar but he failed to name the third accused person. Subsequently, the name of the petitioner sprang up during investigation in the confessional statement of co-

Patna High Court CR. MISC. No.17361 of 2019(2) dt.28-03-2019 2/2 accused, Raja Kumar.

It is submitted by learned counsel for the petitioner that apart from the confessional statement of the apprehended coaccused, neither there is any recovery from the possession of the petitioner nor the petitioner has been put on Test Identification Parade. It is further submitted that the investigation has already been concluded.

Learned APP submits that the petitioner has been named in the confessional statement of co-accused.

Considering the fact that investigation has already been concluded, statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period in custody, let the petitioner above named 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 the learned JM Ist Class, Muzaffarpur in connection with Town P.S. Case No.117 of 2017. (Dinesh Kumar Singh, J) anil/- U T