Patna High CourtCR. MISC./30079/2016bail granted

Deepak Kumar Yadav @ Chandan @ Deepak Kumar Mandal v. The State Of Bihar

2016-09-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30079 of 2016 Arising Out of PS.Case No. -48 Year- 2015 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== Deepak Kumar Yadav @ Chandan @ Deepak Kumar Mandal son of Sudhir Yadav, resident of Pariya, Dhobiya, P.S Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 379 of the I.P.C.

The prosecution case, in short, is that the informant was going to join his duty by train and when he reached his place then he came to know that the articles including the ornaments, ATM card and cash kept in the bock stolen away by unknown thieves. It is further alleged that when the informant opened his mobile phone, then five message received, which show that someone using his ATM card and withdrawing the amount from his account.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.8.2015 and the charge sheet

Patna High Court Cr.Misc. No.30079 of 2016 (4) dt.09-09-2016 2/2 has been submitted in the present case. The petitioner has remained in custody for more than one year. The petitioner has not been put on Test Identification Parade. The other co-accused has been granted bail vide Cr.Misc.No.4950 of 2016. 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 bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Bhagalpur in connection with Bhagalpur G.R.P.S. case No.48 of 2015.

(Sudhir Singh, J) Narendra/- U T