Awanish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42157 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- KESARIA District- East Champaran ====================================================== Awanish Kumar Son of Vijay Kumar Resident of Village- Dilawarpur, P.S.- Kesariya, District- East Chamaparan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the State :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was coming to Dilawarpur with cash, in the way, the miscreants snatched his bag containing money and also snatched mobile, laptop etc.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 25-04-2019. Charge sheet in this case has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There

Patna High Court CR. MISC. No.42157 of 2019(2) dt.09-07-2019 2/2 is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade. It has further been submitted that the petitioner may be released after completion of seven months in custody.

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, it is directed that after completion of seven months in custody, 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 learned Additional Chief Judicial Magistrate-III, Motihari, East Champaran in connection with Keshariya P.S. Case No. 149 of 2019. (Sudhir Singh, J) A.K.V.//- U T