Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51086 of 2016 Arising Out of PS.Case No. -359 Year- 2016 Thana -CHAPRA TOWN District- SARAN ====================================================== Prakash Kumar son of Shambhu Prasad resident of Mohalla - Mohan Nagar, Husse Chapra, P.S. - Chapra Town, District - Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 399, 401, 413 and 414 of the Indian Penal Code. The prosecution story, in brief, is that the petitioner along with other co-accused was caught on the spot and several motorcycles, ATM cards and mobiles were recovered from their possession.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.08.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The

Patna High Court Cr.Misc. No.51086 of 2016 (3) dt.09-12-2016 2/2 other co-accused have been granted bail vide Cr. Misc. No. 44188 of 2016 and Cr. Misc. No. 51230 of 2016.

On behalf of the state, it has been submitted that the petitioner is 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 the learned C.J.M., Saran at Chapra in connection with Chapra Town P.S. Case No. 359 of 2016.

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