Shiv Balak Kewat @ Shibalak Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34708 of 2019 Arising Out of PS. Case No.-372 Year-2016 Thana- SHEKHPURA District- Sheikhpura ====================================================== Shiv Balak Kewat @ Shibalak Kewat, Son of Late Chando Kewat @ Chano Kewat, Resident of Village - English Giriyak, (Doctor English), P.S.- Giriyak, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 19.04.2018 in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

The prosecution case is that on 26.12.2016 the informant's mobile phone with sim card, cash amount of Rs.500/-, identity card was robbed, leading to registration of the case against unknown. During investigation, co-accused Raj Babbar was apprehended, who disclosed the name the name of the petitioner.

It is submitted by learned counsel for the petitioner that neither any recovery has been made from possession of the petitioner nor the petitioner has been put on T.I. Parade. A

Patna High Court CR. MISC. No.34708 of 2019(2) dt.28-05-2019 2/2 statement has been made in paragraph 3 of the petition that the petitioner is accused in five other cases in which he is on bail. It is further submitted that the some of the similarly situated coaccused persons have been granted bail by Co-ordinate Benches of this Court vide order dated 06.03.2018, 13.06.2018, 19.07.2018 and 28.01.2019 passed in Cr. Misc. Nos. 13023 of 2018, 32505 of 2018, 30120 of 2018 and 464 of 2019 respectively.

Learned APP submits that the name of the petitioner sprang up during investigation.

Considering the fact that the name of the petitioner sprang up on confession of co-accused, neither there is any recovery from possession of the petitioner nor the petitioner has been put on T.I. Parade and investigation has already been concluded, 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 Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Kusumbha) P.S. Case No. 372 of 2016. (Dinesh Kumar Singh, J) DKS/- U T