Dhiraj Kumar Sharma @ Chunchun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29756 of 2016 Arising Out of PS.Case No. -265 Year- 2015 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dhiraj Kumar Sharma @ Chunchun Sharma Son of Surendra Sharma Resident of Village- Mananpur, P.O. and P.S Kalyanpur, District East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar, Advocate. For the Opposite Party : Mr. Sri Umesh Lal Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Kotwa P.S. Case No. 265 of 2015 for the offence instituted under Section 394 of the Indian Penal Code.

The prosecution story, in brief, is that on 29.12.2015, at evening, four unknown miscreants riding on motorcycle came at the petrol pump and looted cash of Rs. 75,500/- after assaulting the informant and also taken away two mobiles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.12.2015. The charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.29756 of 2016 (3) dt.06-09-2016 2/2 tampering of witnesses alleged against the petitioner. The petitioner is not named in the First Information Report and his name has come on the basis of confessional statement of coaccused. The petitioner has not been put on Test Identification Parade. The other co-accused has been granted bail by this court vide Annexure-2 to the present application.

On behalf of the state it has been submitted that the petitioner is not named in the First Information Report. 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kotwa P.S. Case No. 265 of 2015.

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