Raju Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 13496 of 2018 Arising Out of PS.Case No. -147 Year- 2017 Thana -KATORIA District- BANKA ====================================================== Raju Das S/o Tinku Das @ Titu Das, R/o Village- Bhairopur, P.S.- Chandan (Amarpur), District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Md Nurul Hoda, Advocate For the S t a t e : Mr S Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Section 395 of Indian Penal Code.

It is submitted that on the basis of confessional statement of co-accused Manoj Das, petitioner has been implicated in this case. No incriminating article has been recovered from his possession to connect him with this crime as he was in bona fide possession of mobile phone and cash said to have been recovered from his possession. Neither the articles nor the petitioner has been put on Test Identification Parade though the allegation in the first information report does not suggest that petitioner concealed his identity. Petitioner is in custody since 14.09.2017. In the

Patna High Court Cr.Misc. No.13496 of 2018 (3) dt.12-04-2018 2/2 other case pending against the petitioner, as mentioned in paragraph 3 of the petition, he is already on bail. Considering his aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Banka in Katoria Police Station Case No 147 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T