Patna High CourtCR. MISC./27564/2019bail granted

Banty Kumar Roy, v. The State Of Bihar

2019-04-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27564 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== BANTY KUMAR ROY, S/o- Pappu Roy, R/o- Lal Kothi, P.S.- Katihar (N), Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Katihar Muffasil P.S. Case No.18 of 2019 instituted for the offence under Section(s) 392 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. No Test Identification Parade has been held. During investigation, name of the petitioner has been disclosed by co-accused, Sanjay Yadav, in his confessional statement. In the impugned order, it is mentioned that Rs.1500/- cash has been recovered from house of the petitioner as mentioned in para 94 of the case diary, but no Test Identification Parade of the aforesaid amount has been done.

Patna High Court CR. MISC. No.27564 of 2019(2) dt.29-04-2019 2/2 The Counsel for petitioner submits that aforesaid amount belongs to petitioner.

Petitioner is in custody since 11.02.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Katihar Muffasil P.S. Case No.18 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T