Md. Kalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20510 of 2019 Arising Out of PS. Case No.-230 Year-2018 Thana- SAMASTIPUR District- Samastipur ====================================================== Md. Kalim, Son of Late Abdul Mannan, Resident of Village - Dayachak, P.S.- Barh, District- Patna, Present Address Mohalla- Sabjee Mandi Mithapur, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 21.09.2018 in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code. The prosecution case as per the written report of Sarvan Kumar Sah submitted to the Station House Officer of Town P.S. Samastipur is to the effect that on 16th September, 2018 at about 6.30 A.M., six unknown persons entered into the house of the informant and tied the family members and servant and robbed the cash amount of Rs.4,50,000/- and jewellery worth of Rs. Thirty lakhs, leading to registration of the FIR against unknown. The name of the petitioner sprang up on the confession of co-accused Shashi Kumar Thakur, Bikram Thakur and Rajesh Patel, consequently the petitioner made confession

Patna High Court CR. MISC. No.20510 of 2019(2) dt.03-04-2019 2/2 and Rs.99,000/- was recovered from underneath the bed of the petitioner.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case. The investigation has already been concluded but neither the recovered money nor jewellery and petitioner has been put on T.I. Parade. Though, the petitioner is accused in two other cases but he is on bail in those cases. Learned APP submits that the petitioner made confession before the police on the basis of which Rs.99,000/- was recovered from underneath his bed.

Considering the fact that the material on record does not suggest that either the recovered cash amount or the petitioner has been put on T.I. Parade, let the 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 learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 230 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T