Patna High CourtCR. MISC./27120/2019bail granted

Balkishan Giri v. The State Of Bihar

2019-04-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27120 of 2019 Arising Out of PS. Case No.-376 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Balkishan Giri Son of Janardan Giri Resident of Village - Ankorha, P.S.- N.T.P.C. Khaira, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

Allegation is that five unknown persons on the point of pistol looted one kg gold jewellary valued Rs.30 lacs and also Rs.1,50,000/- cash.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has been made accused on the basis of recovery of stolen

Patna High Court CR. MISC. No.27120 of 2019(2) dt.25-04-2019 2/2 ring from his possession. Neither the petitioner has been put on T.I.P. nor ring in question has been put on T.I.P. He has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. case No.376 of 2018.

(Sudhir Singh, J) Narendra/- U T