Uday Kumar @ Uday Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29766 of 2016 Arising Out of PS.Case No. -171 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Uday Kumar @ Uday Kumar Paswan S/o Goner Paswan, resident of Village- Baluwahi, P.S.- Khagaria, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate. For the Opposite Party : Mr. Sri Umeshnand Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Khagaria P.S. Case No. 171 of 2016, G.R.No.541 of 2016 for the offence instituted under Section 392 of the Indian Penal Code. The prosecution case, in brief, is that four unknown culprits took away the purse of the informant containing cash of Rs. 4000/- besides ATM Card, I-card, License and mobile of the cleaner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.03.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.29766 of 2016 (3) dt.06-09-2016 2/2 witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. He has been made accused merely on suspicion. The petitioner has not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner. On behalf of the state, it has been submitted that the petitioner is not named in the First Information Report. 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 Chief Judicial Magistrate-1st, Khagaria, in connection with Khagaria P.S. Case No. 171 of 2016, G.R. No. 541 of 2016. (Sudhir Singh, J.) Amit/- U T