Patna High CourtCR. MISC./29788/2015bail granted

Shushil @ Shashi Kumar @ Bhawani v. The State Of Bihar

2015-10-16Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.29788 of 2015 (3) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29788 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -PATNA GRP CASE District- PATNA ====================================================== Shushil @ Shashi Kumar @ Bhawani S/o Sri Baleshwar Prasad resident of Mohalla - Pahari Mandir, P.S. Sukhdeo Nagar, District - Ranchi .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar @ S.K. For the Opposite Party : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 19.02.2015 in a case instituted under Section 395 of the Indian Penal Code. As per allegation, it is a case of train dacoity and looted some ladies items along with Rs.10,800 of the informant by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.02.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. Petitioner is not named in the FIR. Petitioner has been made accused due to mistake of fact. Petitioner has not been put

Patna High Court Cr.Misc. No.29788 of 2015 (3) dt.16-10-2015 on test identification parade nor the alleged recovered goods have been put on test identification parade. The other co-accused has been granted bail by this Court in Cr.Misc.Nos.35002 and 35221 both of the year 2015.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released 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 Railway Judicial Magistrate, Patna in connection with G.R.P. Bakhtiyarpur P.S.Case No.10 of 2015.

(Sudhir Singh, J) B.Kr./- U T