Om Prakash Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46408 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Om Prakash Pathak Son of Raj Kumar Pathak, resident of VillageMadhopatti, P.S.- Kamtaul, Distt.- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offence punishable under Section 394 of the Indian Penal Code. Some unknown criminals snatched the motorcycle and cash of the informant while he was returning to his house. The people available at the place of occurrence reported that the petitioner and other named persons were identified by them.

The case-diary reveals that none of the witnesses have claimed to be the eyewitness of the occurrence. All have stated that they have come to know subsequently that the petitioner and others are involved in the occurrence. During

Patna High Court Cr.Misc. No.46408 of 2016 (3) dt.21-12-2016 2/2 investigation the looted motorcycle was recovered from the house of the petitioner. Petitioner is in custody since 28.03.2016. Considering the nature of evidence available on record as well as the period already undergone by the petitioner, he is directed to 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 Mr. S. Raza, learned Judicial Magistrate, 1st Class, Darbhanga/Successor Court, in connection with Kamtaul P.S. Case No.78 of 2015.

(Birendra Kumar, J) Mkr./- U T