Babul Pandey @ Babul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40448 of 2019 Arising Out of PS. Case No.-177 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== BABUL PANDEY @ BABUL KUMAR, aged about 24 years, Male, Son of Vinod Pandey, Resident of Village- Hardiya Areraj, Ward No. 4, P.S.- Gobindganj, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shakti Suman Kumar, Advocate.

For the Opposite Party :

Mr.Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.12.2018 in a case for the offence registered under Section 379 of the IPC.

The prosecution story, in brief, is that the informant is an employee of Bharat Financial Incusion Limited, presently posted as Sangrampur Manager on 09.10.2018, he was returning with his co-employee Vishal Kumar Sharma after collecting installments to the tune of Rs. 1,50, 359/- in a Bag in which several Mobile phones were also kept. When he reached near a Bamboo Orchard of Village- Sangrampur, three persons came on a Motorcycle and snatched away the Bag and fled away

Patna High Court CR. MISC. No.40448 of 2019(2) dt.03-07-2019 2/2 towards East. The informant and his companion tried to chase the culprits but they made good their escape. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet 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 in the present case on his self confession. There is no recovery of any incriminating article from possession of the petitioner. The petitioner 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.

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 Additional Chief Judicial Magistrate-14, East Champaran, Motihari, in connection with Sangrampur P.S. Case No. 177 of 2018. (Sudhir Singh, J) U.K./- U T