Patna High CourtCR. MISC./31235/2016bail granted

Bimal Kumar Singh @ Mantu Singh v. The State Of Bihar

2016-08-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31235 of 2016 Arising Out of PS.Case No. -111 Year- 2013 Thana -RASULPUR District- SARAN ====================================================== Bimal Kumar Singh @ Mantu Singh S/o Late Yogendra Singh, Resident of Village- Nachap, P.S. Manjhi, District Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bishwajeet Singh For the Opposite Party : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Petitioner is not named in the First Information Report but he was arrested in Daraundha P.S. Case No. 176 of 2013 and it is alleged that looted motorcycle and mobile of the informant were recovered from the conscious possession of the petitioner but learned counsel appearing on behalf of the petitioner submits that the seized motorcycle of Daraundha P.S. Case No. 176 of 2013 was of the brother of the petitioner and the said motorcycle had already been released in favour of the petitioner's brother vide order dated 13.01.2014 passed in Daraundha P.S.

Patna High Court Cr.Misc. No.31235 of 2016 (2) dt.11-08-2016 2/2 Case No. 176 of 2013. It is further submitted that so far as so called identification is concerned, the same is not in accordance with law and moreover, the petitioner was remanded in the present case on 15.06.2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that except the present case as well as Daraundha P.S. Case No. 176 of 2013, the petitioner does not have any criminal antecedent, let the petitioner 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 Additional Chief Judicial Magistrate-X, Saran in connection with Rasulpur P.S. Case No. 111 of 2013. (Hemant Kumar Srivastava, J.) Amit/- U T