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Patna High CourtCR. MISC./41199/2019bail granted

Babalu Kumar@Bablu Kumar v. The State Of Bihar

2019-07-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41199 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== Babalu Kumar @ Bablu Kumar Son of Suraj Paswan Resident of Village - Tendua, P.S.- Darigaon, Distt - Rohtas.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 461, 379/411 of the Indian Penal Code. Allegedly, cash Rs. 107000/- and mobiles were stolen away by breaking open the lock of the mobile shop by unknown persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 06-02-2019. Charge sheet has already been submitted. The alleged date of occurrence is 2301-2019 and the FIR was instituted on 02-02-2019. Delay in lodging the FIR has not been explained. The petitioner is not

Patna High Court CR. MISC. No.41199 of 2019(2) dt.05-07-2019 2/2 named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 76 of 2019.

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