Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53126 of 2016 Arising Out of PS.Case No. -478 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Kamlesh Singh, son of Somaru Singh, Resident of Village- Kalyanipur, Police Station- Chainpur, District- Kaimur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shyam Bihari Singh For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 379 of the Indian Penal Code.

The allegation against the petitioner is of committing theft of the motorcycle of the informant and thereafter committed forgery in respect of registration number of the said motorcycle by changing its number plate.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.07.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has not been put on T.I.P.

Patna High Court Cr.Misc. No.53126 of 2016 (2) dt.08-12-2016 2/2 There is no recovery of any incriminating article from the possession of the petitioner. Except for the confessional statement of co-accused, there is no other substantive material to suggest his implication in the present case. It is further submitted that the petitioner may be released on bail after completion of 8 months in custody i.e. from 20.07.2016.

On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R. and he has got as many as six criminal cases pending against him.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of 8 months in custody i.e. from 20.07.2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhabua, Kaimur, in connection with Mohania P.S. Case No. 478 of 2015. (Sudhir Singh, J.) Amit/- U T