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Patna High CourtCR. MISC./42789/2019allowed

Sunil Kumar v. The State Of Bihar

2019-07-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42789 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== Sunil Kumar Son of Shivjee Prasad Resident of Village - Bishunpur, P.S.- Meenapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha, Advocate For the Opposite Party/s :

Mr.Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Riga P.S. Case No. 36 of 2019 for the offence under section 302 of the Indian Penal Code.

Learned counsel for the petitioner would submit that the allegation against this petitioner is that he was involved in loot of Rs. 1,05,375/- from the motorcycle of the informant who is Manager of Bharat Finance Real Inclusion Ltd. Learned counsel for the petitioner submits that nothing was recovered from the possession of the petitioner. His involvement in the present case is based on misconception of fact as the confessional statement was obtained by the police by using force.

Patna High Court CR. MISC. No.42789 of 2019(2) dt.11-07-2019 2/2 Learned counsel for the petitioner submits that petitioner is in custody since 2.2..2019.

Considering the fact that petitioner has remained in custody for more than five months, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, 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 learned Chief Judicial Magistrate, Sitamarhi, in connection with Riga P.S. Case No. 36 of 2019. (Anil Kumar Upadhyay, J) Ravi/- U T