Prakash Kumar @ Bahaduri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19846 of 2019 Arising Out of PS. Case No.-138 Year-2018 Thana- PATNA RAIL P.S. District- Patna ====================================================== Prakash Kumar @ Bahaduri Son of Naresh Ray Resident of Village - Jethuli, Banka Ghat, P.S.- Fatuha, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Adv For the Opposite Party/s :

Mr.Md. Matloob Rab,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 396 of the Indian Penal Code and later on Section 302 of I.P.C. was also added. The FIR of the occurrence of dacoity with murder of the brother of the informant is against seven unknown criminals.

Submission is that the petitioner is in custody since 11.05.2018. He was never put on Test Identification Parade during investigation nor any incriminating article has been recovered from his possession. Only material against the petitioner is suspicion.

Considering the aforesaid facts, let the

Patna High Court CR. MISC. No.19846 of 2019(3) dt.03-06-2019 2/2 petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr.No.677 of 2018 arising out of Patna Junction Rail Police Station Case No.138 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T