Anup Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24589 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -GARDANIBAGH District- PATNA ======================================================

1. Anup Kumar Singh son of late Baleshwar Singh resident of village Naudiha, P.S. Sonepur, District Saran, A/P Purandarpur Gali P.S. Khajekala, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-09-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court taking note of this fact that petitioner was identified by a witness in T.I.P and some circumstantial evidence was collected against him but submission on behalf of the petitioner is that having more or less similar allegation some coaccused have already been granted privilege of bail and so far as identification of the petitioner in T.I.P is concerned, petitioner was ex-employee of the informant and the petitioner was well known to witness who claimed to have identified the petitioner in

Patna High Court Cr.Misc. No.24589 of 2015 (4) dt.09-09-2015 2/2 T.I.P and moreover, the chart of T.I.P shows that witness failed to disclose the role and manner which was being played by the petitioner at the time of alleged occurrence, so even if petitioner is said have been identified by the witness in T.I.P, then also, the aforesaid T.I.P does not help the prosecution. Considering the submission as well as period of detention of the petitioner in jail custody and also taking note of this fact that petitioner is a man of clean antecedent, let petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Adhoc Additional Sessions Judge 6th Patna in connection with session trial no. 686 of 2014 arising out of Gardanbagh P.S.Case No. 61 of 2014.

(Hemant Kumar Srivastava, J) Namita/- U T