Bhola Mehta @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59926 of 2018 Arising Out of PS.Case No. -263 Year- 2018 Thana -GAYA MUFASIL District- GAYA ====================================================== Bhola Mehta @ Bittu Kumar, son of Yogendra Prasad, resident of MohallaAbgila Devi Sthan, P.S.- Moffasil, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Mufassil P.S. Case No.263 of 2018 instituted for the offence under Section(s) 379 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. There is no recovery of any incriminating article from his possession. No Test Identification Parade has been held. It is further submitted that alleged occurrence is dated 01.08.2018, but First Information Report has been lodged on 06.08.2018. The police arrested the petitioner with a Tempo and cash of rupees six thousand and thereafter implicated in this case.

Patna High Court Cr.Misc. No.59926 of 2018 (2) dt.08-10-2018 2/2 Petitioner is in custody since 08.08.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 Chief Judicial Magistrate, Gaya, in connection with Mufassil P.S. Case No.263 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T