Patna High CourtCR. MISC./48163/2016bail granted

Indrajeet Kumar @ Maruti v. The State Of Bihar

2016-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48163 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -DEO District- AURANGABAD ======================================================

1. Indrajeet Kumar @ Maruti son of Rajmohan Yadav resident of Bhandari, P.S.- Deo, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 326/307/302/353/386 and other minor sections of the Indian Penal Code, Sections 25/26/27 of the Arms Act, Sections 3/4/5 of the Explosive Substances Act, Section 17 of the CLA Act and Sections 16(i)(a)/16(i)(b)/38/39/40 of the UPA Act.

According to F.I.R. there was firing and crossfiring between the police and the Naksals. Some constables have sustained injury. One of the constable succumbed to the injury. Petitioner is not named in the F.I.R.

Submission is that the petitioner was all of a sudden

Patna High Court Cr.Misc. No.48163 of 2016 (2) dt.20-12-2016 2/2 arrested from his house without any material collected against the petitioner. He is in custody since 22.06.2016 he was never put on Test identification Parade and his confessional statement has been recorded by the police wherein the petitioner allegedly accepted his complicity in the crime.

Considering the fact that there is no substantial material against the petitioner, he is 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 learned Chief Judicial Magistrate, Aurangabad/Successor Court, in connection with Deo P.S. Case No.33 of 2016.

(Birendra Kumar, J) Mkr./- U T