Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6625 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- GOPALPUR District- Patna ====================================================== Birendra Kumar Son of Sri Sitav Rai Resident of Village-Kala Diyara, P.S.- Salimpur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshansh Ankit, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Gopalpur P.S. Case no. 89 of 2020 registered under section 394 of the Indian Penal Code.

As per allegation in the F.I.R., three accused persons on the point of pistol took away the iron rods of the informant, which were to be used in construction. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation in his confessional statement in another case. No incriminating article has been recovered from his possession and inspite of being in

Patna High Court CR. MISC. No.6625 of 2021(3) dt.22-06-2021 2/2 custody since 8.7.2020 and charge sheet having been submitted in the case, the petitioner has not been put of T.I. parade. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having been put on T.I. parade and charge sheet having been submitted in the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Gopalpur P.S. Case no. 89 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-IX-cumAdditional Chief Judicial Magistrate, Patna. (Partha Sarthy, J) Bibhash U T