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Patna High CourtCR. MISC./38609/2016bail granted

Bhushan Singh v. The State Of Bihar

2016-09-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38609 of 2016 Arising Out of PS.Case No. -859 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Bhushan Singh Son of Late Bibhishan Singh resident of Village- Ladawan, P.S.- Barh, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Sharma For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The present case was initially, registered under Sections 363, 365/34 of the Indian Penal Code on 14.11.2014 against two F.I.R. named and 16 unknown persons. Petitioner was not named in the first information report but on 04.07.2015 i.e. near about after eight months of registration of the present case the statement of victim was recorded under Section 164 of the Cr.P.C. in which the victim disclosed the name of the petitioner. Submission on behalf of the petitioner is that the aforesaid inordinate delay in recording the statement of victim creates doubt and moreover, having more or less similar allegation, several co-accused persons, namely, Karan Veer Singh

Patna High Court Cr.Misc. No.38609 of 2016 (2) dt.19-09-2016 2/2 Yadav, Bipin Kumar Singh, Anant Singh, Mithilesh Raj Raju and Kumar Madhur Bhushan Malviya have already been granted privilege of bail by different Benches of this Court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No. 859 of 2014. (Hemant Kumar Srivastava, J) SHAHZAD/- U T