Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30653 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Ajit Kumar Son of Ramjee Singh, Resident of village- Dihara, P.S.- Bikramganj, District- Rohtas .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Bikramganj P.S. Case No. 13 of 2016 for the offence instituted under Section 392 of the Indian Penal Code. The prosecution story, in brief, is that while the informant was returning from his motorcycle, after withdrawing Rs. 49,000/- from Punjab National Bank, Bikramganj, two unknown persons came from behind on Apache motorcycle and took away Rs. 49,000/- from the informant and fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.04.2016. The charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.30653 of 2016 (3) dt.14-09-2016 2/2 tampering of witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. His name has come on the basis of statement made by witness recorded in para-18 of the case diary, where he has alleged that two persons were planning to commit robbery. The petitioner has not been put on Test Identification Parade nor there is recovery of any incriminating article from the possession of the petitioner. 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 learned A.C.J.M.-I, Bikramganj, District-Rohtas, in connection with Bikramganj P.S. Case No. 13 of 2016.

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