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Patna High CourtCR. MISC./34982/2019allowed

Wikash Singh v. The State Of Bihar

2019-05-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34982 of 2019 Arising Out of PS. Case No.-15 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== WIKASH SINGH Son of Sri Manoj Singh Resident of Village-Koriya, P.S.- Muffasil, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Gadhpura P.S. Case No. 15 of 2018, registered for the offence punishable under Sections 307, 504, 506, 427 and 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 3/ 4 of the Explosive Substances Act.

Learned counsel for the petitioner submits that the incident took place on 27.02.2018 whereas the F.I.R. was lodged on 5.3.2018 and as such there is delay of six days in lodging F.I.R. He further submits that petitioner was not named in the F.I.R. his name surfaced on the confessional statement of coaccused Chandan Kumar. Petitioner is in custody since 16.11.2018 but he has not been put on TIP.

Patna High Court CR. MISC. No.34982 of 2019(2) dt.28-05-2019 2/2 Considering the facts that there is delay of six days in lodging FIR and he was not named in FIR and as yet he has not been put on TIP and has remained in custody for more than six months, the Court is inclined to grant bail to the petitioner, let the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 4th Additional Chief Judicial Magistrate, Begusarai in connection with Gadhpura P.S. Case No. 15 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T