Kishore Nut @ Kisori Nut @ Raj Kishore Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32350 of 2016 Arising Out of PS.Case No. -102 Year- 2016 Thana -SONEPUR District- SARAN ======================================================

1. Kishore Nut @ Kisori Nut @ Raj Kishore Nut son of Late Chabila Nut, Resident of Village- Rajauli (Beruin), P.S.- Baniyapur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 396, 397 and 412 of the Indian Penal Code. The case of prosecution, in brief, is that in the night of 8/9-3-2016 at about 12-15 A.M. Some one hit on the head of informant with DANDA while he was sleeping along with other family members in his house and committed dacoity and fled away with looted articles then the informant learnt that his father Dina Nath Singh and wife Sanju Devi were killed by the dacoits and mother received injury by the hands of dacoits who were 1213 in number and aged about 30-35 years and informant claims to identify them by their face.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.32350 of 2016 (3) dt.04-10-2016 2/2 the petitioner is in custody since 16.06.2016. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the FIR. He has not been put on T.I. parade. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has been made accused on the confessional statement of co-accused. Other co-accused have been granted bail vide Cr.Misc. No. 29367 of 2016 and Cr. Misc. No. 32947 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 of the case, let, 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 A.C.J.M.-1, Saran,Chapra, in connection with Sonepur P.S.Case No. 102 of 2016.

(Sudhir Singh, J) singh/- U T