Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47596 of 2016 Arising Out of PS.Case No. -126 Year- 2015 Thana -MAKER District- SARAN ====================================================== Sandeep Kumar son of Anil Ojha @ Bhola Kuar resident of village - Parsa Mathura, P.S. - Parsa, District - Saran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 392 of the Indian Penal Code.

Allegation is that some miscreants riding on motorcycle followed informant, who was also on motorcycle. After going some distance they overpowered him and fled with the motorcycle, in the dickey of which Rs.1 lac eighty thousand and an account cheque was kept.

Earlier bail application of the petitioner was rejected vide Annexure-1 to the present application with an observation that if so advised, petitioner may renew his prayer for bail after completion of nine months in custody. In light of the said observation, the present application has been preferred on behalf of the petitioner. A report was called for from the court below, same is on the record.

It has been submitted on behalf of petitioner that charge has already been framed in the case. Petitioner is in custody since 15.1.2016. He has falsely been implicated in the present case. He

Patna High Court Cr.Misc. No.47596 of 2016 (4) dt.07-12-2016 2/2 is not named in the F.I.R. There is no recovery of any incriminating article from possession of petitioner. No T.I.P. has been carried out.

On behalf of the State, it is pointed out that name of petitioner has come in course of investigation. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Smt. Divya Shekhar, learned Judicial Magistrate, Ist Class, Chapra, in connection with Maker P.S. Case no. 126 of 2015.

(Sudhir Singh, J) sudip/- U T