Binay Kumar @ Habbu Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59724 of 2017 Arising Out of PS. Case No.-309 Year-2017 Thana- CIVIL LINE District- Gaya ====================================================== Binay Kumar @ Habbu Sao S/o Devnarayan Sao, R/o Village- Gola Bazar, Ramna Road, P.S.- Shrghati, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mr. SRI NAGENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Civil Lines P.S. Case No. 309 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code. Informant is the branch head of Financial Services Ltd., Nagmatia, Civil Lines, Gaya, in which it has been alleged that on 18.07.2017, one accused entered the branch and while he was having conversation with the informant other co-accused also entered the branch and overpowered the informant, staffs and guard of the branch and looted cash of Rs. 1,24,623/-, 99 packets of gold ornaments and also foreign currency and other articles kept in the bank. No one has been named in the FIR. The name of the petitioner has surfaced on the basis of secret

Patna High Court Cr.Misc. No.59724 of 2017(3) dt.15-01-2018 2/2 information received by the investigating officer and the petitioner had confessed his crime and on his confession some articles were also recovered. Although, the informant in the FIR has stated that he can identify culprits, who had entered his branch but when the petitioner was put on TIP, the informant and other staffs could not recognize him. It has been further stated that the petitioner has got no criminal antecedent and only on the basis of suspicion, he has been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is in custody since 07.08.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S. Case No. 309 of 2017.

(S. Kumar, J) ranjan/- U