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Patna High CourtCR. MISC./61978/2021bail granted

Aditya Kumar @ Belwa v. The State Of Bihar

2022-03-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61978 of 2021 Arising Out of PS. Case No.-375 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== Aditya Kumar @ Belwa S/o Surya Narain Thakur R/o village- Beli, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-03-2022 Heard both parties.

The petitioner seeks bail in Bajpatti P.S. Case No. 375 of 2019, registered for the offence punishable under Section 395 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, on the alleged date and time of occurrence while the informant was handling nozzle of Shashi Petrol Pump, Madhopur-Chaturi, six miscreants riding on two motorcycles arrived there and one of them snatched cash from his possession. When informant protested, two of them fired causing firearm injury on his thigh and thereafter all of them fled away.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on

Patna High Court CR. MISC. No.61978 of 2021(3) dt.29-03-2022 2/2 the basis of his own confession which was recorded in connection with Sitamarhi (Mehsaul OP) PS Case No. 693 of 2019. No incriminating article has been recovered from possession of this petitioner. Petitioner has not been put on test identification parade till date though as per the FIR informant claimed that he will identify the accused if shown. Petitioner is in custody since 24.01.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 375 of 2019. (Prabhat Kumar Singh, J) vinita/- U T