Sujeet Kumar @ Thapachi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48029 of 2019 Arising Out of PS. Case No.-76 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Sujeet Kumar @ Thapachi Son of Basudeo Rai @ Basado Rai Resident of village- Chakmakra, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

The prosecution case, in short, is that six persons variously armed, entered in the agency of the informant and took away cash, gold and other belongings.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 15-11-2018. Charge sheet in this case has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of

Patna High Court CR. MISC. No.48029 of 2019(2) dt.01-08-2019 2/2 the petitioner. He has not been put on test identification parade. . It has further been submitted that the petitioner may be released after completion of one year in custody.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. The petitioner has got criminal antecedent.

Considering the aforesaid facts and circumstances, it is directed that after completion of one year in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 76 of 2018.

(Sudhir Singh, J) A.K.V.//- U T