Patna High CourtCR. MISC./39300/2019bail granted

Sushil Kumar @ Sushil Pandit v. The State Of Bihar

2019-08-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39300 of 2019 Arising Out of PS. Case No.-448 Year-2011 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SUSHIL KUMAR @ SUSHIL PANDIT, Son of Ram Chandra Pandit, Resident of Village - Bhoraha, P.S.- Bochaha, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Ahiyapur P.S. Case No.448 of 2011, instituted for the offence under Section(s) 395 and 397 of the Indian Penal Code. Subsequently, Sections 396 and 412 of the Indian Penal Code was added.

Counsel for the petitioner submits that petitioner is not named in the written report. There is no recovery of any incriminating article from possession of the petitioner. No Test Identification Parade has been held. Police has on the basis of information by spy, arrested co-accused Shibu Sahani. He disclosed the name of several persons including petitioner in his confessional statement. Counsel for the petitioner further submits that other co-accused have already been granted bail

Patna High Court CR. MISC. No.39300 of 2019(4) dt.20-08-2019 2/2 by coordinate Benches of this Court vide orders dated 4.10.2012 and 30.01.2013 passes in Cr. Misc. 33510 of 2012 and 36239 of 2012 respectively.

Petitioner is in custody since 6.4.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No.448 of 2011, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T