Ziaul @ Rahul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29138 of 2016 Arising Out of PS.Case No. -193 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Ziaul @ Rahul Son of Rama Paswan, resident of Mohalla- Ashok Nagar, Pokharia, P.S.- Town, District- Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Naresh Singh, Advocate. For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 2.2.2016 in connection with Begusarai Town P.S. Case No. 193 of 2015 registered for offences under Sections 420 and 414 of the Indian penal Code.
The prosecution story, in brief, is that the police personnel proceeded to Hanuman Temple, Pokharia on the confessional statement of co-accused Vicky Kumar and Kundan Kumar, and recovered three bikes from a room. It is stated by Vicky Kumar and Kundan Kumar that it was a stolen property. The police prepared a seizure list.
On behalf of the petitioner, it is submitted that the petitioner is in custody since 2.2.2016. Charge-sheet has been submitted in
Patna High Court Cr.Misc. No.29138 of 2016 (3) dt.01-09-2016 2/2 the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner is not named in the FIR. His name has come on confessional statement of the co-accused. There is no recovery of stolen property from the possession of the petitioner. Petitioner has not been put on Test Identification Parade. It has further been submitted that the petitioner may be released after completion of nine months in custody from 2.2.2016.
On behalf of the State, it has been submitted that the name of the petitioner has come in course of investigation and he is accused in as many as six cases of similar nature. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of 9 months from custody i.e. 2.2. 2016 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 VIII, Begusarai in connection with Begusarai Town P.S. Case No. 193 of 2015.
(Sudhir Singh, J) Prakash/- U T