Om Prakash Kumar @ Atha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47680 of 2022 Arising Out of PS. Case No.-415 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== OM PRAKASH KUMAR @ ATHA Son of Kameshwar Singh @ Dinesh Singh Resident of Village - Narsingh Bigha, P.s.- Dehri, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Section-394 of the Indian Penal Code.

Allegedly, two unknown persons are said to have tried to loot the pick up Van of the informant.

It has been submitted that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 22-03-2022. Charge sheet has already been submitted in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in the

Patna High Court CR. MISC. No.47680 of 2022(2) dt.20-12-2022 2/2 present case in confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has not been put on TIP to ascertain his participation in the alleged offence. The motorcycle, alleged to have been recovered from house of the petitioner, is said to be the motorcycle of his father.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 415 of 2021.

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