Binod Kumar @ Vinod Kumar@Binod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48446 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

BINOD KUMAR @ VINOD KUMAR@BINOD SINGH Son of Late Ram Jatan Singh Resident of Village- Mainpura Anda, Police StationFulwarisharif, District- Patna. 2.

Bhushan Bhagat @ Makhan Bhagat Son of Chandrika Prasad Bhagat Resident of Village- Anda, Police Station- Fulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 379, 406, 420, 414, 415/34 of the Indian Penal Code.

Prosecution case, in short, is that the truck of the informant was taken away by the accused persons impersonating them as financer.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 17.5.2019 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of

Patna High Court CR. MISC. No.48446 of 2019(2) dt.06-08-2019 2/2 witnesses alleged against the petitioners. The petitioners are not named in the F.I.R. The names of the petitioners have transpired on the basis of confession of co-accused. There is no recovery of any stolen property from the possession of the petitioners. The petitioners have been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioners are not named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioners, 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 learned A.C.J.M. -IV, Chapra, Saran in connection with Dariyapur P.S. Case No. 171 of 2019.

(Sudhir Singh, J) Pankaj/- U T