Patna High CourtCR. MISC./26257/2016bail granted

Rohit Kumar Singh v. The State Of Bihar

2016-08-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26257 of 2016 Arising Out of PS.Case No. -297 Year- 2015 Thana -BANIAPUR District- SARAN ======================================================

1. Rohit Kumar Singh S/o Brij Kishore Prasad R/o village - Maricha, P.S. Sahajitpur, Distt. - Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 379 and 411 of the Indian Penal Code. The prosecution story, in brief, is that some unknown miscreant has stolen the motor cycle, bearing registration no. BR04P-7400, of the informant from his Vaanda. It is submitted on behalf of the petitioner that the petitioner is in custody since26.2.2016. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the petitioner. The petitioner is not named in the FIR. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has been made accused on the basis of own confessional statement before the police.The

Patna High Court Cr.Misc. No.26257 of 2016 (3) dt.18-08-2016 2/2 alleged recovery, on the confessional statement of the petitioner, has not been put on T.I. parade. The petitioner has not been put on T.I. parade to ascertain his implication in the present case. Other co-accused has been granted bail vide Cr. Misc.No. 16101 of 2016.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, 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 Sri R.K.Yadav, learned J.M., 1st Class,Saran at Chapra in connection with Baniyapur P.S.Case No. 297 of 2015.

(Sudhir Singh, J) singh/- U T