Patna High CourtCR. MISC./26344/2016bail granted

Vivek Singh v. The State Of Bihar

2016-08-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26344 of 2016 Arising Out of PS.Case No. -48 Year- 2015 Thana -BHORE District- GOPALGANJ ======================================================

1. Vivek Singh Son of Byas Singh Resident of village- Bhore South Tola Police Station- Bhore District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2016 Learned counsel for the petitioner is permitted to make necessary correction in para 17 of the present application. Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Section 392 of the Indian Penal Code.

The allegation against the petitioner and other coaccused is of looting a sum of Rs. 1 lac from the informant when he withdrawn Rs. 1 lac from Canara Bank and was going to his house by his bicycle.

It is submitted on behalf of the petitioner that the petitioner is in custody since 17.04.2016. 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

Patna High Court Cr.Misc. No.26344 of 2016 (3) dt.24-08-2016 2/2 FIR. The name of the petitioner has come on confessional statement of co-accused. The petitioner has not been put on T.I. parade. There is no recovery of any incriminating article from the possession of the petitioner. Other co-accused has been granted bail vide order dated 06.08.2015 in Cr. Misc.No. 28457 of 2015. 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 Aashish Mishra, learned Judicial Magistrate, 1st Class, Gopalganj in connection with Bhore P.S.Case No. 48 of 2015. (Sudhir Singh, J) singh/- U