Lalbabu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27102 of 2016 Arising Out of PS.Case No. -201 Year- 2014 Thana -PHULPARAS District- MADHUBANI ====================================================== Lalbabu Kumar son of Late Bilas Rai, Resident of Village- Amritpur, P.S. - Vaishali, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 328, 395 and 379 of the I.P.C. The prosecution story, in brief, is that on the alleged date and time of occurrence the informant, who is truck driver, was going to Uttarkhand with kabari materials and reached near Power Greed Phulparas, his truck was stopped by some persons, who were in Bolero vehicle and three persons sat in the truck and assaulted the informant and cleaner.

They also boarded the informant in the Bolero vehicle and administered some medicines and also injected him and then brought him in a orchard and tied his hands and went away but the informant did not became unconscious and came at the Petrol pump and informed the owner of the truck. It is further alleged that the miscreants have snatched away his mobile, cash Rs.

Patna High Court Cr.Misc. No.27102 of 2016 (3) dt.07-09-2016 2/2 loaded materials.

A report was called for from the court below, which has been received. The same may be kept on the record. Earlier the bail application of the petitioner was rejected with an observation "at this stage". This is the second attempt made on behalf of the petitioner for grant of bail.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 1.5.2015. The petitioner is not named in the F.I.R. The petitioner has not been put on Test Identification Parade to ascertain his involvement in the present case. The other co-accused have been granted bail vide Annexure4 to the present application by the court below itself. On behalf of the State, it is submitted that the petitioner's name has come in course of investigation. Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 learned Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Phulparas P.S. case No.201 of 2014. (Sudhir Singh, J) Narendra/- U T