Patna High CourtCR. MISC./25383/2020bail granted

Suresh Kumar v. The State Of Bihar

2020-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25383 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- PATORI District- Samastipur ====================================================== SURESH KUMAR Son of Shri Ayodhi Yadav Resident of Village- Korahiya, P.S.- Jai Nagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary, Adv For the Opposite Party/s :

Mr.Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2020 The matter has been taken up through video conferencing.

Let the defects be removed within two weeks of the start of the physical Court.

Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

The FIR of the occurrence of dacoity is against unknown. Name of the petitioner surfaced at the belated stage of the investigation on the basis of mobile location of the petitioner.

Submission is that petitioner is in custody since 08.05.2020. Investigation of the case is already complete. Petitioner was never put on T.I.Parade nor any incriminating article was recovered from his possession rather due to police

Patna High Court CR. MISC. No.25383 of 2020(2) dt.01-10-2020 2/2 atrocity he has been booked in another case also after arrest in the present case.

If the petitioner has not been put on T.I.Parade during investigation, evidently, there is no material against the petitioner. Hence, the learned court below is directed to verify from the case diary whether the petitioner was put on T.I. Parade or not and if the petitioner was found to be not put on T.I.Parade, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Patori Police Station Case No.18 of 2020 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T