Patna High CourtCR. MISC./35497/2016bail granted

Shanu Kumar @ Sanu Kumar v. The State Of Bihar

2016-10-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35497 of 2016 Arising Out of PS.Case No. -23 Year- 2013 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Shanu Kumar @ Sanu Kumar S/o Uma Shankar Singh Resident of Vill+P.O.- Sarahachia, P.S- Aurai, Distt Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2016 Learned counsel for the petitioner is permitted to make necessary correction in para 1 of the present application. Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Section 395 of the Indian Penal Code.

The allegation against the petitioner and other coaccused is of committing dacoity in the house of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.02.2016. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the FIR. He has not been put on T.I. parade. There is no recovery of any incriminating article from the possession of the

Patna High Court Cr.Misc. No.35497 of 2016 (3) dt.24-10-2016 2/2 petitioner. Except for the confessional statement of co-accused there is no other substantive material to suggest the implication of the petitioner in the present case. Learned counsel for the petitioner further submits that the petitioner may be released after completion of one year from the date of custody i.e. from 16.02.2016 On behalf of the State, it has been submitted that the petitioner is not named in the FIR but he has got as many as nine cases pending against him.

Considering the facts and circumstances of the case, let, above named petitioner, after completion of one year in custody from 16.02.2016, 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 A.D.J.XIV, Muzaffarpur in connection with Aurai P.S.Case No.23 of 2013 (S.Tr. No.337/16).

(Sudhir Singh, J) singh/- U T