Patna High CourtCR. MISC./48001/2017bail granted

Brajesh Kumar @ Brijesh Kumar v. The State Of Bihar

2018-01-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48001 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ====================================================== Brajesh Kumar @ Brijesh Kumar S/o Kamlesh Kumar @ Kamal Singh, R/o Village+ P.S.- Basai Mohammadpur, District- Firozabad (Uttar Pradesh). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-01-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in connection with Phulwaria P.S. Case No. 34 of 2017 dated 26.03.2017 instituted for the offence under Section 395 of the Indian Penal Code. A burglary was committed in the house of the informant. The petitioner has not been named in the FIR and his name surfaced only during the course of investigation. From the possession of the petitioner Rs. 10,000/- cash and two mobile telephones have been recovered.

Learned counsel for the petitioner has submitted that neither the petitioner was put on test identification parade nor the informant has been made to identify the recovered articles.

Patna High Court Cr.Misc. No.48001 of 2017 (3) dt.02-01-2018 The petitioner is in custody since 02.04.2017 and two other co-accused persons have been granted bail by a coordinate Bench of this Court. Apart from the present case, the petitioner is an accused in one more case viz. Phulwariya P.S. Case No. 37 of 2017, in which he is on bail.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Phulwaria P.S. Case No. 34 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T