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Patna High CourtCR. MISC./32875/2016bail granted

Ranjan Kumar @ Singhwa @ Ranjan Yadav @ Singhwa v. The State Of Bihar

2016-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32875 of 2016 Arising Out of PS.Case No. -274 Year- 2014 Thana -BARHARA District- PURNIA ====================================================== Ranjan Kumar @ Singhwa @ Ranjan Yadav @ Singhwa S/o Amrendra Yadav, resident of village - Jhitkia, Police Station Gwalpara ( Arar O.P.), District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 394 of the I.P.C.

The prosecution case, in short, is that while the informant was on way of Laxmipur, 4-5 unknown persons surrounded him and asked to hand over his motorcycle by showing him pistol. On protest one of the accused fired on the informant and bullet hit on his thigh and he fell down. Thereafter the unknown accused persons took away Samsung mobile, Rs.10,000/- cash, ATM card, driving licence, pass book of Bank, PAN card of the informant and run away by taking motorcycle of the informant.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.32875 of 2016 (3) dt.20-09-2016 the petitioner is in custody since 14.3.2016 and 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 F.I.R. He has not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has been made accused on the basis of confessional statement of coaccused. 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, it is directed that 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 Sri P.K. Bharti, Judicial Magistrate, 1st class, Purnea in connection with Barhara P.S. case No.274 of 2014.

(Sudhir Singh, J) Narendra/- U T