Patna High CourtCR. MISC./30637/2016bail granted

Pintu @ Vivek @ D.T.O. v. The State Of Bihar

2016-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30637 of 2016 Arising Out of PS.Case No. -124 Year- 2013 Thana -RAJPUR District- BUXAR ====================================================== Pintu @ Vivek @ D.T.O. Son of Ramchandra Prasad resident of VillageBheria, P.S.Bheria District -Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birendra Nath Mishra For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Rajpur P.S. Case No. 124 of 2013 for the offence instituted under Section 395 of the Indian Penal Code.

There is allegation against the accused persons for committing loot of the truck of the informant, while the informant was going from Dhanbad to Gajipur.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.06.2013. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. The

Patna High Court Cr.Misc. No.30637 of 2016 (3) dt.14-09-2016 2/2 petitioner has been made accused on the basis of his self confession. There is no recovery of any looted article. The petitioner has not been put on Test Identification Parade. He has remained in custody for more than 3 years.

On behalf of the state it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 learned Chief Judicial Magistrate, Buxar, in connection with Rajpur P.S. Case No. 124 of 2013.

(Sudhir Singh, J.) Amit/- U T