Piyush Kumar @ Peeyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35151 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- PARSABAZAR District- Patna ====================================================== PIYUSH KUMAR @ PEEYUSH KUMAR Son of faudari Rai @ Faudari Ray Resident of Mohalla - Harish Chandra Nagar, Sipara, P.S.- Beur, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 29.10.2018 in a case registered for the offence punishable under Section 392 of the I.P.C.

The prosecution case is that two persons came on a motorcycle and got the petrol filled in the motorcycle from the petroleum dealer and on demand of cost of petrol, they opened fire and snatched away Rs.35,480/- from the employee of the petroleum dealer. The FIR was registered against unknown. The name of the petitioner sprang up in the confessional statement of co-accused Nishant Kumar.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR nor the petitioner has

Patna High Court CR. MISC. No.35151 of 2019(2) dt.29-05-2019 2/2 been put on Test Identification Parade till date. It is further submitted that co-accused Nishant Kumar on whose confession, the name of the petitioner sprang up, has been granted bail by a Co-ordinate Bench of this Court vide order dated 4.4.2019 passed in Cr. Misc. No. 19027 of 2019.

Learned APP submits that the name of the petitioner sprang up in the confessional statement of co-accused. Considering the fact that the investigation has already been concluded, co-accused on whose confession, the name of the petitioner sprang up, has been granted bail by a Co-ordinate Bench of this Court and the period in custody, let the petitioner above named 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 the learned JM Ist Class, Patna in connection with Parsa Bazar P.S. Case No.262 of 2018. (Dinesh Kumar Singh, J) anil/- U