Ram Bilash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53785 of 2016 Arising Out of PS.Case No. -5 Year- 2014 Thana -BATH District- BHAGALPUR ====================================================== Ram Bilash Choudhary, Son of Late Nawrangi Choudhary, resident of Village- Kamargama, P.S. Tarapur, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Indeshwari Prasad Mandal, Advocate. For the Opposite Party : Mr. Mritunjay Kumar Nirala, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 02.09.2016 in connection with Bath P.S. Case No. 05 of 2014 for the offences instituted under Section 392 of the IPC.

The prosecution story, in brief, is that while the informant with other family members and villagers were returning on a Van from the market after selling buffalos, one call has come to the driver of the said van asking him where they reached and as soon as they reached near the village, 3-4 unknown miscreants came and forcibly took the money of the informant and others. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.09.2016 and the charge sheet has

Patna High Court Cr.Misc. No.53785 of 2016 (3) dt.09-01-2017 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He is not named in the FIR. His name has come on the basis of confessional statement of a co-accused. He has not been put on T. I. Parade. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.C.J.M., Bhagalpur, in connection with Bath P.S. Case No. 05/2014. U.K./- (Sudhir Singh, J) U T