Avinash Kumar @ Juganu @Juganee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35180 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -MANIYARI District- MUZAFFARPUR ====================================================== AVINASH KUMAR @ JUGANU @JUGANEE S/o Ramhunath Rai Resident of Village Bardiha, P.S. Patepur, District Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Singh For the Opposite Party : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 395 of the Indian Penal Code.

The prosecution case, in brief, is that some unknown miscreants, out of whom, three persons were having armed with pistol, taken away the truck, after tying the eye, hand and foot of cleaner and the driver.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.02.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. He has not

Patna High Court Cr.Misc. No.35180 of 2016 (3) dt.21-10-2016 2/2 been put on Test Identification Parade. There is no recovery of any looted article from the possession of the petitioner. The other co-accused has been granted bail vide Cr. Misc. No. 23395 of 2016.

On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Additional Sessions Judge-II, Muzaffarpur in connection with Maniyari P.S. Case No. 12 of 2016 corresponding to Sessions Trial No. 199 of 2016.

(Sudhir Singh, J.) Amit/- U T