Patna High CourtCR. MISC./40673/2016bail granted

Manoj Kumar v. The State Of Bihar

2016-11-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40673 of 2016 Arising Out of PS.Case No. -62 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Manoj Kumar son of Sri Munshi Yadav Resident of Village-Dharam Asthan, Police Station-Barachatty, District-Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code. Petitioner is not named in the first information report but in course of investigation, he as well as some others were arrested in a raid and some incriminating articles were recovered from their possession. The co-accused as well as petitioner confessed their guilt and one bunch of keys is said to have been recovered on the basis of confessional statements. The aforesaid bunch of keys was put on Test Identification Parade and identified by the witnesses but submission on behalf of the petitioner is that the aforesaid bunch of keys has not been recovered from

Patna High Court Cr.Misc. No.40673 of 2016 (3) dt.24-11-2016 2/2 conscious possession of the petitioner and as a matter of fact, petitioner has been roped in this case without any legal evidence. It is also pointed out that petitioner is in jail custody since 26.05.2016 but up till now, he has not been put on Test Identification Parade.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No. 62 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T