Patna High CourtCR. MISC./18123/2019bail granted

Pawan Kumar v. The State Of Bihar

2019-05-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18123 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- BUNIYAD GANJ District- Gaya ====================================================== PAWAN KUMAR Son of Somar Bind Resident of village-Pakhanpur, P.SGhosi,District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 379 of the Indian Penal Code. Prosecution case, in short, is that that the Hywa truck of the informant was looted by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.10.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come on the basis of confession of co-accused. There is no

Patna High Court CR. MISC. No.18123 of 2019(3) dt.01-05-2019 2/2 recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P. Other coaccused has been granted bail vide Annexure-2 to the present application.

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

Considering the aforesaid facts and circumstances, it is directed that 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 learned A.C.J.M. XI, Gaya in connection with Buniyadganj P.S. Case No. 77 of 2018.

(Sudhir Singh, J) Pankaj/- U