Arun Kumar Mehta v. The State Of Bihar

Patna High Court Cr.Misc. No.25251 of 2016 (4) dt.09-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25251 of 2016 Arising Out of PS.Case No. -141 Year- 2015 Thana -RANIGANJ District- ARRARIA ====================================================== Arun Kumar Mehta Son of Asharfi Mehta, Resident of Village- Gangapur, Police Station- Janki Nagar, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sudhir Kumar Thakur, Advocate For the Opposite Party : Mr. Sri Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Raniganj P.S.Case No.141 of 2015 registered for an offence under Sections 394 of the IPC.

As per the prosecution case, it is alleged by the informant that on 04.07.2015 at about 7.00 A.M. he was going from Kishanganj to Raghunathpur Bhagrama cattle Hatiya along with other cattle going on a Tata pick-up van and all of a sudden a motorcycle riders chase and overtake from the distance of 100 miters at Raniganj police station, thereafter a man who was riding on motorcycle, looted Rs.11,000/- from Ayub and Rs.50,000/- from Anil Yadav and fled away towards Raniganj.

Patna High Court Cr.Misc. No.25251 of 2016 (4) dt.09-08-2016 Learned counsel for the petitioner submits that the petitioner is in custody since 11.04.2016. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the case. Petitioner is not named in the FIR. His name has come on the basis of a confession of a co-accused. Petitioner has not been put on test identification parade. Other coaccused has been granted bail by this Court vide Cr.Misc.No.29555 of 2016.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, 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 SDJM, Araria in connection with Raniganj P.S.Case No.141 of 2015.

(Sudhir Singh, J) B.Kr./- U T