Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39537 of 2016 Arising Out of PS.Case No. -349 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Sumit Kumar Son of Late Radhe Shyam Thakur Resident of VillageBasua, P.S- Aurai, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Babita Kumari For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2016 Heard both sides.

The petitioner seeks bail in Muzaffarpur Town P.S. case No. 349 of 2016 under Section 395 of the Indian Penal Code and under Section 27 of the Arms Act.

The petitioner is not named in the FIR. One Kundan Kumar is said to have confessed his guilt in paragraph 24 of the case diary and disclosed the name of petitioner. Thereafter, police took confessional statement of the petitioner in paragraph 34 of the case diary.

The learned counsel for the petitioner submits that save and except confessional statement of the petitioner and other co-accused, the police did not collect any material. The petitioner

Patna High Court Cr.Misc. No.39537 of 2016 (3) dt.28-11-2016 2/2 is in jail since 28.05.2016 but he has not been put on T. I. parade. Considering the facts aforesaid and the fact that petitioner is in jail since 28.05.2016 but he has not been put on T.I. parade and the police after recording his confessional statement submitted charge sheet, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Muzaffarpur in Muzaffarpur Town P.S. Case No. 349 of 2016. (Prabhat Kumar Jha, J) BKS/- U T