Patna High CourtCR. MISC./37412/2016bail granted

Umesh Kumar Singh v. The State Of Bihar

2016-10-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37412 of 2016 Arising Out of PS.Case No. -570 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ====================================================== Umesh Kumar Singh Son of late Ram Bahadur Singh Resident of VillageParihara, P.S. Bakhri, District Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar For the Opposite Party : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 395 and 397 of the Indian Penal Code. The prosecution story, in brief, is that the accused persons on the point of pistol, taken away the truck from the informant after injecting intoxicating material to him. It is further alleged that the accused persons also snatched cash, mobile and driving licence from the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.10.2015. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.37412 of 2016 (3) dt.28-10-2016 2/2 petitioner is not named in the First Information Report. He has not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner. The informant has not named the petitioner in the F.I.R but for the oblique motive, he has tried to disclose the name of the petitioner in his re-statement. The other co-accused has been granted bail vide Cr. Misc. No. 29869 of 2016 On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Additional Sessions Judge-VIth, Bhagalpur in connection with S.T. No. 63 of 2016 (T.R. No. 11 of 2016) arising out of Kahalgaon P.S. Case No. 570 of 2014.

(Sudhir Singh, J.) Amit/- U T