Prince Kumar Singh @ Chaitnya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11670 of 2017 Arising Out of PS.Case No. -544 Year- 2016 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Prince Kumar Singh @ Chaitnya Kumar S/o Late Sushil Singh Resident of Village-Dhanshyam Pakari P.S. Pipra District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-04-2017 Heard both sides.

The petitioner seeks bail in Sitamarhi P.S. Case No. 544/2016, registered for the offences punishable under Sections 394, 395 and 412 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Nothing has been recovered from possession of the petitioner. Mahesh Sah in para 20 of the case diary disclosed that he heard that the petitioner and others committed dacoity. Then, spy of the police also disclosed the name of the petitioner on the basis of hearsay evidence. Paras 45 of the case diary contains the CDR, but no tangible material is collected save and except confessional statement of co-accused Suraj Kumar. There is no further tangible evidence. The

Patna High Court Cr.Misc. No.11670 of 2017 (3) dt.17-04-2017 2/2 petitioner has not been put on Test Identification Parade although he is in custody since 20.10.2016.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 544/2016. (Prabhat Kumar Jha, J.) Rakhi U T