Patna High CourtCR. MISC./28091/2019bail granted

Prakash Muni v. The State Of Bihar

2019-05-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28091 of 2019 Arising Out of PS. Case No.-206 Year-2015 Thana- SONBERSA District- Saharsa ====================================================== PRAKASH MUNI Son of Bachchi Muni, Resident of Village-Chhotimaliya P.S.-Gogari, District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Prosecution case, in short, is that unidentified accused persons looted the motorcycle of the informant while he was coming from house.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.11.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of coaccused. There is no recovery of any incriminating articles from

Patna High Court CR. MISC. No.28091 of 2019(3) dt.17-05-2019 2/2 the possession of the petitioner. The petitioner has not been put on T.I.P.

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, it is directed that 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, Saharsa in connection with Sonbarsa Raj (Kashnagar O.P.) P.S. Case No. 206/2015. (Sudhir Singh, J) Pankaj/- U T