Patna High CourtCR. MISC./41718/2016bail granted

Prakash Kumar Singh @ Dina v. The State Of Bihar

2016-10-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41718 of 2016 Arising Out of PS.Case No. -97 Year- 2015 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Prakash Kumar Singh @ Dina S/o Ram Niwash Singh, R/o VillageBirpur, Singhara, P.S.- Mahua, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 395 and 412 of the I.P.C The petitioner is not named in the First Information Report, but it appears that in course of the investigation the name of the petitioner surfaced in this case in the confessional statement of co-accused Satish Kumar and except the aforesaid confessional statement there is nothing against him. The petitioner is in custody since 09.06.2016, he has not been put on the test identification parade and nothing has been recovered from his conscious possession. Similarly situated co-accused Raju Kumar has been allowed bail by another co-ordinate Bench of this Court vide Cr.

Patna High Court Cr.Misc. No.41718 of 2016 (3) dt.06-10-2016 2/2 Misc. No. 38529 of 2016.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Tripathi, J.M. 1st Class, Muzaffarpur in Aurai P.S. Case No. 97 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T