Upendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51649 of 2022 Arising Out of PS. Case No.-32 Year-2017 Thana- BHIMPUR District- Supaul ====================================================== Upendra Sharma S/O Ram Kishun Shrma Resident Of Village- Jagdishpur, Karjain Bazar Ward No. 5, P.S. Karjain, District- Supaul ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Prabhakar Nath Rai, Advocate For the Opposite Party :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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-392 of the Indian Penal Code.

Allegedly, while the informant along with Khalasi after loading the mango on a Pick up Van was going to Hajipur, in the way, the miscreants intercepted him. Thereafter, the informant and his Khalasi were got down from pick up Van and were taken to Narpatganj on a car where they were left out. It is further alleged that Mobile Phones, ATM Card, cash Driving Licence were snatched away from them.

Patna High Court CR. MISC. No.51649 of 2022(2) dt.16-12-2022 2/2 It has been submitted that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-05-2022. 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 present case in confessional statement of co-accused. The petitioner has not been put on TIP to ascertain his participation in the alleged offence.

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, Supaul in connection with Bhimpur (Supaul) P.S. Case No. 32 of 2017.

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