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Patna High CourtCR. MISC./54159/2016bail granted

Mukesh Kumar v. The State Of Bihar

2016-12-20Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.54159 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54159 of 2016 Arising Out of PS.Case No. -289 Year- 2015 Thana -BANMANKHI District- PURNIA ======================================================

1. Mukesh Kumar Son of Mahendra Chudhary Resident of Village: Banmankhi, Chakla, Ward No. 104, Police Station- Banmankhi DistrictPurnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Thakur For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 392 of the Indian Penal Code. Allegation is that two unknown persons wrapping their faces by cloth looted away the motorcycle of the informant and cash Rs.5000/-.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He was accompanying the informant at the time of occurrence. After six months the informant has named the petitioner raising suspicion against him.

Patna High Court Cr.Misc. No.54159 of 2016 (2) dt.20-12-2016 Except for this, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Purnea in connection with Banmankhi P.S. case No.289 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T