Bharat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26753 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- KUDHNI District- Kaimur (Bhabua) ====================================================== Bharat Singh Son of Birendra Singh, Resident of village- Churamanpur, P.S. Aaudogik Nagar, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for grant of bail in connection with Kudhani P.S. Case No. 19 of 2018 registered for the offence punishable under Section 392 and 34 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, it is alleged that four un-known persons on two motorcycles forcibly took away the tractor of the informant and also looted cash of Rs. 10,000/- from his pocket. It is submitted by learned counsel for the petitioner that name of the petitioner has transpired during the course of investigation in the confessional statement of co-accused, namely, Jalil Ansari, who has himself been enlarged on bail subsequently. It is further submitted that no recovery of

Patna High Court CR. MISC. No.26753 of 2019(4) dt.14-08-2019 2/2 incriminating article has taken place from possession of the petitioner. He has not been put on TIP and he is in custody since 12.02.2019.

The allegation of bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner is in custody since 12.02.2019 and his name has transpired in the confessional statement of co-accused, who himself has been enlarged on bail, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Kaimur at Bhabua in connection with Kudhani P.S. Case No. 19 of 2018.

(Partha Sarthy, J) sushma/- U T