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Patna High CourtCR. MISC./22675/2017allowed

Sunil Kumar Sah @ Sunil Kumar v. The State Of Bihar

2017-05-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.22675 of 2017 (2) dt.18-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22675 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Sunil Kumar Sah @ Sunil Kumar, S/o Late Suraj Sah, Resident of Mohalla Bhagwanpur Chakshekhu Ward No.-6 P.S. Dalsing Sarai, Dist.- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 16.11.2016 in connection with Bachhwara P.S. Case No. 162 of 2016 registered under Sections 406, 420 and 120(b) of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. There is general and omnibus allegation against the petitioner and no specific allegation is attributed against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Moreover, the occurrence was of 05.10.2016 but the F.I.R. has been lodged after lapse of one month and 10 day, which creates doubt on the credibility of the allegation leveled in the instant F.I.R. The petitioner is rotting in custody for the last five

Patna High Court Cr.Misc. No.22675 of 2017 (2) dt.18-05-2017 months.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Begusarai in connection with Bachhwara P.S. Case No. 162 of 2016. (Arvind Srivastava, J.) brajesh/- U T