Rahul Kumar @ Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20158 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Rahul Kumar @ Rahul Kumar Yadav S/o Ravindra Yadav @ Ravindra Kumar Yadav R/o village - Maloudha, P.S. Basnahi, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Md. Fahimuddin(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2015 Heard both sides.

The petitioner seeks bail in a case under Section 392 of the Indian Penal Code.

The petitioner is not named in the FIR. The informant simply stated that he was robbed. During the course of investigation the Investigating Officer took the statement of two witnesses namely, Narayan Kumar and Jai Narayan Mandal in paragraphs 6 and 7 of the case diary who disclosed that the informant disclosed the name of petitioner and other accused who robbed the informant. The petitioner was not put on T.I. parade. The petitioner is in jail since 20.01.2015. It appears that the informant himself did not disclose the name of the petitioner but subsequently two witnesses stated before the police that the

Patna High Court Cr.Misc. No.20158 of 2015 (3) dt.03-07-2015 2/2 informant disclosed the name of petitioner and other accused person.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner 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 Sri B. K. Singh, learned Judicial Magistrate, 1st class, Saharsa in Sour Bazar P.S. Case No. 5 of 2015. (Prabhat Kumar Jha, J) BKS/- U T