Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31491 of 2020 Arising Out of PS. Case No.-161 Year-2019 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== SANJAY KUMAR, Male, aged about 21 years, S/o Mohan Pandit, Resident of village - Bishanpur, P.S. - Minapur, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2020 Heard both sides through video conferencing.
The petitioner, Sanjay Kumar seeks bail in Siwaipatti P.S. Case No.161 of 2019, registered under Section 394 of the Indian Penal Code.
The informant alleged that while he was going to Karchaulia Chowk on his motorcycle bearing Registration No.BR 06B/4834 to take his friend, he was followed by five criminals, who were moving around, on two motorcycles. They intercepted the informant, looted away his motorcycle, other articles and Rs.7500/- cash.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. Name of the petitioner surfaced in the case in para 58 of the case diary in the confessional statement of Subodh Kumar. Save and except the
Patna High Court CR. MISC. No.31491 of 2020(2) dt.01-12-2020 2/2 confession, there is no material against the petitioner. Thereafter the petitioner has been made accused in many other cases but fact remains that nothing has been recovered from possession of the petitioner. Name of the petitioner surfaced in the confessional statement of co-accused but petitioner has not been put on TIP.
It appears that name of the petitioner surfaced in the case and he was apprehended on 31.01.2020, but he was not put on TIP and petitioner has remained in jail for about ten months. Taking into consideration the facts aforesaid, petitioner, namely, Sanjay Kumar is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Siwaipatti P.S. Case No.161 of 2019. (Prabhat Kumar Jha, J) S.KUMAR/- U T