Patna High CourtCR. MISC./37134/2019bail granted

Sandeep Kumar v. The State Of Bihar

2019-06-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37134 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- SUIYA District- Banka ====================================================== Sandeep Kumar Son of Sri Tarni Yadav @ Tarni Prasad Yadav Resident of Village - Laxmi Nagar (Lulha), P.S.- Belhar, Distt - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 Mr. Rohit Kumar, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

Prosecution case in brief is that while the informant along with his family was going to Katoria from Jamui by Scorpio, in the way, the miscreants intercepted the vehicle and looted away two mobiles, cash Rs. 5300/- and also damaged the vehicle. It has been submitted on behalf of the petitioner the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 11-03-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR.

Patna High Court CR. MISC. No.37134 of 2019(2) dt.26-06-2019 2/2 His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. The petitioner was not put on test identification parade. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 01-05-2019 passed in Cr. Misc. No. 28277 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Additional Chief Judicial Magistrate-Ist, Banka in connection with Suiya P.S. Case No. 19 of 2019.

(Sudhir Singh, J) A.K.V.//- U T