Rampukar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39350 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== RAMPUKAR KUMAR, aged about 25 years, Male, S/o Dinesh Yadav @ Dinesh Singh Yadav, R/o village- Tikulipur, P.S.- Sigori, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajay Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 25.03.2019 in a case for the offence registered under Section 395 of the IPC.

The prosecution story, in brief, is that the informant Pankaj Yadav who is a driver of twelve wheeler Truck, on 16.01.2019 was going from Rajrappa Coaliwary to Danapur. At about 2.00 A.M. near Bharawana More, some persons on the car stopped him and beaten him by hands and legs, pulled him out from the seat on the gun point and snatched about rupees fifteen thousand, golden locket and mobile. It is further alleged that

Patna High Court CR. MISC. No.39350 of 2019(2) dt.27-06-2019 2/3 they tied their hands and closed their eyes by cloth and took them away in their car to some unknown place and anyhow when they untied their hands they found themselves in a farm and thereafter when they reached a village, on being inquired they came to know that they are in Dulhin Bazar. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet/ prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of co-accused. There is no substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any looted article from possession of the petitioner. He has not been put on T.I. Parade.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist

Patna High Court CR. MISC. No.39350 of 2019(2) dt.27-06-2019 3/3 Class, Masaurhi, in connection with Bhagwanganj P.S. Case No.8/2019.

(Sudhir Singh, J) U.K./- U T