Patna High CourtCR. MISC./44730/2016bail granted

Guddu Kumar v. The State Of Bihar

2016-10-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44730 of 2016 Arising Out of PS.Case No. -66 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Guddu Kumar Son of Sheo Narayan Singh Resident of VillageAnkorha,P.S.-Doudnagar, District: Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section392 of the Indian Penal Code. Petitioner does have criminal antecedent of six cases and in the present case, his name came in confessional statement of co-accused, Vikash Kumar from whose possession, the looted motorcycle was recovered. Subsequently, the petitioner was remanded in the present case from Daudnagar P.S. Case No. 114 of 2014. It appears that in course of investigation, when the name of petitioner surfaced in this case in confessional statement of coaccused, one witness claimed to have seen the petitioner at the time of alleged occurrence.

Patna High Court Cr.Misc. No.44730 of 2016 (2) dt.18-10-2016 2/2 Submission on behalf of petitioner is that the aforesaid statement of concerned witness is nothing but high handedness of the police and moreover, the petitioner is languishing in jail custody since 23-12-2015 but the investigating officer did not take pain to put the petitioner on Test Identification Parade. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Daudnagar P.S. Case No. 66 of 2015 to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad.

(Hemant Kumar Srivastava, J) A.K.V./- U T