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Patna High CourtCR. MISC./37093/2020bail granted

Suraj Kumar @ Tutu v. The State Of Bihar

2021-02-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37093 of 2020 Arising Out of PS. Case No.-38 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== SURAJ KUMAR @ TUTU Son of Braja Kishor Thakur Resident of Village - Sirkohiya, P.S. Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

Allegation is that unknown miscreants on the point of pistol looted away the amount of Rs.18,791/-, a laptop, mobile phones, ATM card, driving licence, PAN card, aadhar card, voter ID card, Bank pass book from the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.05.2020. Charge sheet has been submitted in this case. There is no allegation of tampering

Patna High Court CR. MISC. No.37093 of 2020(2) dt.02-02-2021 2/2 of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in this case on secret information. Source of secret information has not been disclosed by the prosecution. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence.

On behalf of the State, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. 1st (West)- cum-Sub Judge, Muzaffarpur in connection with Saraiya P.S. case No.38 of 2019.

(Sudhir Singh, J) Narendra/- U T