Chandan Kumar Verma v. The State Of Bihar

Patna High Court Cr.Misc. No.22695 of 2017 (3) dt.29-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22695 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Chandan Kumar Verma, Son of Late Raj Kumar Prasad, Resident of Village- Nawadih Hunterganj, Police Station- Hunterganj, District- Chatra (Jharkhand).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Abhay Kumar Thakur For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sherghati P.S. Case No. 79 of 2016, registered under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but in course of investigation the petitioner was apprehended by the police mere on suspicion, who got recorded the confessional of the petitioner, showing his involvement in the present case. Thereafter, petitioner was identified by witnesses, Shriram Prajapati, Vinod Kumar and Rabindra Kuamar Singh, as detailed in paragraphs 24, 25 and 26

Patna High Court Cr.Misc. No.22695 of 2017 (3) dt.29-06-2017 of the case diary but it would appear from the F.I.R. that except the informant none was present at the time of occurrence, so the identification of petitioner by the witnesses, Shriram Prajapati, Vinod Kumar and Rabindra Kumar Singh, is meaningless. It is further submitted that petitioner is in custody since 07.06.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati P.S. Case No. 79 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T