Patna High CourtCR. MISC./67131/2021bail granted

Hitanshu Raj @ Bittu v. The State Of Bihar

2022-04-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67131 of 2021 Arising Out of PS. Case No.-265 Year-2021 Thana- BEUR District- Patna ====================================================== HITANSHU RAJ @ BITTU S/o Ashok RAm @ Ashok Rai Resident of Bijali Office Colony, Station Road, Barh, P.S.- Barh, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has transpired in this case during the course of investigation in the confessional statement of co-accused, Hiteshwar. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade. It is next submitted that mobile alleged to have been recovered from the possession of the petitioner is not the stolen one as description of mobile given in the FIR does not

Patna High Court CR. MISC. No.67131 of 2021(4) dt.11-04-2022 2/2 tally with the mobile recovered from the possession of the petitioner. Petitioner is in custody since 01.08.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Patna in connection with Beur PS case No.265/2021.

(Prabhat Kumar Singh, J) BKS/- U T