Ghanshyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23165 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -CHANDAN District- BANKA ====================================================== Ghanshyam Kumar, son of Jai Kumar Mandal @ Jay Kumar Marik, resident of Village- Chhatrapal, P.S.+District- Banka. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv.

For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chandan P.S. Case No. 127 of 2016, registered under Section 394 of the Indian Penal Code.

Regarding robbery of 640 bags each containing 25 Kg. of rice to the truck bearing Reg. No. JH-22A-1236, F.I.R. was lodged by Santosh Paswan, driver of the truck against unknown.

Learned counsel for the petitioner submits that in course of investigation, the Police got recorded the confessional statement of the petitioner, accordingly, 603 bags of rice recovered from the house of Shankar Yadav, but the rice bags were not put on T.I. Parade. Further submission is that while

Patna High Court Cr.Misc. No.23165 of 2017 (3) dt.22-06-2017 2/2 informant has detailed the physic of the culprits, but petitioner has not been put on T.I.P. The petitioner has no criminal antecedent is in custody since 22.10.2016.

On the other hand, learned A.P.P. appearing on behalf of the State submits that the seized rice has been released in favour of the owner of the truck.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Banka in connection with Chandan P.S. Case No.127 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) manish/- U T