Uday Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41244 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== Uday Kumar Son of Bindeshwar Prasad @ Vindeswar Yadav Resident of Village-Oliyachak, Police Station-Kako in the district of Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner who is in custody since 01.04.2019 has filed the instant application for grant of bail in connection with Bhagwanganj P.S. Case No. 8 of 2019 registered for the offence punishable under section 395 of the Indian Penal Code. As per the allegation in the FIR, while the informant who is a driver of the truck was travelling, some persons in a car stopped him and on the gun point snatched Rs. 15,000/-, mobile etc., from his possession.
It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The petitioner was
Patna High Court CR. MISC. No.41244 of 2019(3) dt.13-09-2019 2/3 arrested in another case which was also registered against unknown person and on the basis of confessional statement in the said case before the police, the petitioner has been remanded in this case. It is further submitted that neither the petitioner has been put on T.I Parade nor any incriminating article has been recovered from his possession. The petitioner is in custody since 01.04.2019 and the investigation has already concluded with submission of the charge sheet.
The application for bail has been opposed by learned APP for the State submitting that the confessional statement of the petitioner has been recorded in paragraphs no. 29 and 30 of the case diary and as such it is not a fit case for grant of bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that there is no recovery of any incriminating article from the petitioner, the petitioner has not been put on T.I. Parade and the charge sheet has already been submitted, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.41244 of 2019(3) dt.13-09-2019 3/3 the learned Sub-Divisional Judicial Magistrate, Masaurhi, Patna in connection with Bhagwanganj P.S. Case No. 8 of 2019. (Partha Sarthy, J) Prakash/- U