Sanjay Kumar Sinha @ Motaka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71806 of 2018 Arising Out of PS. Case No.-248 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== Sanjay Kumar Sinha @ Motaka Son of Ram Ratan Prasad @ Ramji Prasad, Resident of Village Malpa P.S.- Gurua, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 01.08.2018 in connection with Daudnagar P.S. Case No.248 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the F.I.R., accusation is of robbing the informant's Pick van vehicle by leading to FIR against unknown persons leading to the registration of F.I.R. During investigation, the name of the petitioner sprang up on the statement of co-accused. Subsequently, a silver coloured Mahindra KUV car was recovered which belongs to the petitioner and it is assumed that the said recovered car was used in the alleged robbery.

Patna High Court Cr.Misc. No.71806 of 2018(3) dt.24-01-2019 2/2 It is submitted by learned counsel for the petitioner that even assuming the accusation to be true, the miscreants were traveling in a blue coloured Indica car whereas the petitioner's vehicle is silver coloured Mahindra KUV car. It is further submitted that neither the recovery has been made from the petitioner's possession nor has the petitioner been put on TI parade. It is further submitted that though subsequent to this case, the petitioner has been made accused in two other cases. Learned APP, however, submits that stolen articles was recovered from the possession of the petitioner.

Considering the fact that the petitioner's name sprang up during investigation on the confessional statement of the coaccused and the period under custody, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad in connection with Daudnagar P.S. Case No.248 of 2018.