Patna High CourtCR. MISC./36774/2020allowed

Arvind Kumar v. The State Of Bihar

2021-02-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36774 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== Arvind Kumar, aged about 23 years, Gender-Male, S/o Raj Mangal Ram @ Ram Mangal Ram R/o village- Lakhnauri, P.S.-Deoriya, District Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Alok Kumar Alok, Advocate For the Opposite Party :

Mr.Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Deoriya P.S. Case No.162 of 2019, for the offence under Section 392 of the Indian Penal Code .

Learned counsel appearing on behalf of the petitioner submits that the allegation against this petitioner that he was involved in looting motorbike, two mobiles of Samsung Company and a sum of Rs. 18,200/- from the informant is patently false. Petitioner was not named in the FIR and nothing incriminating was recovered from possession of this petitioner. Petitioner is in custody since 14.01.2020.

Considering the fact that the petitioner was not named in the First Information Report and he is in custody since

Patna High Court CR. MISC. No.36774 of 2020(2) dt.01-02-2021 2/2 14.01.2020, yet he has not been put on test identification parade, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, abovenamed, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Mr. Mahendra Mishra, Judaical Magistrate, 1st Class, Muzaffarpur in connection with Deoriya P.S. Case No.162 of 2019.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of Deoriya P.S. Case No.162 of 2019.

(Anil Kumar Upadhyay, J) BT/- U