Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62353 of 2021 Arising Out of PS. Case No.-828 Year-2019 Thana- SONEPUR District- Saran ====================================================== BANTI @ PAPIYA @ AMARJEET S/o LATE HARENDRA RAI @ DORA RAI R/o VILLAGE-JAHANGIRPUR, P.S- SONEPUR, DISTRICT-SARAN AT CHAPRA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, three accused persons on a motorcycle on the point of pistol dispossessed the informant of his motorcycle, mobile phone etc. It is submitted by learned counsel for the petitioner that the FIR was registered against three unknown. Referring to the order of the learned Court below it is submitted that the name of the petitioner transpired in the confessional statement of a coaccused made before the police. No incriminating article has been recovered from the petitioner's possession who has

Patna High Court CR. MISC. No.62353 of 2021(2) dt.12-04-2022 2/2 not been put on T.I. parade inspite of being in custody since 1.12.2020. Further the prosecution is relying on the confessional statement of coaccused and that of the petitioner. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, no incriminating article having been recovered from the petitioner's possession and petitioner not having been put on T.I. Parade inspite of being in custody for over 1 year 4 months, the Court directs the petitioner to be enlarged on bail in connection with Sonepur P.S. Case no. 828 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.

(Partha Sarthy, J) Bibhash/- U