Patna High CourtCR. MISC./36766/2019bail granted

Sourabh Kashyap @ Sonu Pandey v. The State Of Bihar

2019-06-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36766 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- ISHIPUR District- Bhagalpur ====================================================== Sourabh Kashyap @ Sonu Pandey Son of Late Uday Kumar Pandey Resident of Village - Kamal Chak, P.S.- Ishipur Barahat, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Counsel for the petitioner is permitted to make necessary correction in paragraph-13 of the main application in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 400, 401, 411, 413, 414 of the Indian Penal Code. Allegedly, the stolen mobile is said to have been recovered from possession of the petitioner in another case and on that basis, the present case has been instituted.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 18-01-2018. Charge sheet has already been submitted. There is no recovery of any

Patna High Court CR. MISC. No.36766 of 2019(2) dt.27-06-2019 2/2 mobile phone from possession of the petitioner. The recovery of mobile phone in another case is the only material for implicating the petitioner in the present case. The said recovered mobile phone has not been put on test identification parade to ascertain as to whether the same is stolen property or not. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let 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 Additional Chief Judicial Magistrate-VII, Bhagalpur in connection with Ishipur (Barahat) P.S. Case No. 08 of 2019.

(Sudhir Singh, J) A.K.V.//- U T