Deepak Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35171 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -KAKO District- JEHANABAD ====================================================== Deepak Giri Son of Binod Giri, Resident of village- Barnawan Ke Dakhinwari Mathiya, P.S Ayar, District Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 394 of the Indian Penal Code. Allegation is that three unknown persons boarded on two motorcycle having armed with pistol and knife came near the informant and forcefully took away his mobile, cash of Rs.3000/- and container and also assaulted him.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.6.2016 and charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the confessional statement of co-accused. Subsequently the insurance
Patna High Court Cr.Misc. No.35171 of 2016 (3) dt.20-10-2016 2/2 paper of the truck in question is said to have been recovered from the possession of the father of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his involvement in the present case. It is further submitted that the petitioner may be released after completion of eight months in custody from 23.6.2016.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of eight months in custody from 23.6.2016 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum- Sub Judge IVth, Jehanabad in connection with Kako P.S. case No.75 of 2016. (Sudhir Singh, J) Narendra/- U T