Rajiv Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1177 of 2017 Arising Out of PS.Case No. -515 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Rajiv Kumar Sharma, Son of Naval Kishor Sharma, Resident of Village- Safiyabad Hasanganj, P.S.- Kasim Bazar, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Veer, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code and later on Section 412 of the Indian Penal Code was added. It has been submitted that the petitioner is not named in the F.I.R. No incriminating articles have been recovered from the possession of the petitioner and no test identification parade has been conducted.

The allegation in the F.I.R. is that 4-5 unknown miscreants committed loot in the Canara Bank Branch, Kateli More amounting to Rs. 3,91,490/-.

In the impugned order the learned Additional Sessions Judge- IV, Banka has mentioned that the petitioner is not named in

Patna High Court Cr.Misc. No.1177 of 2017 (4) dt.15-02-2017 2/2 the F.I.R. and nothing incriminating article has been recovered from the possession of the petitioner. It appears that the name of the petitioner has come on the self confessional statement of the petitioner as stated in para-41 of the case diary. Learned A.P.P. for the State opposed the prayer for bail.

Considering the above facts and circumstances of the case and that the petitioner is in custody since 29.06.2016, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Banka P. S. Case No. 515 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) Sudha/- U T