Patna High CourtCR. MISC./24324/2016bail granted

Shiv Kumar @ Makhra @ Mekra v. The State Of Bihar

2016-09-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24324 of 2016 Arising Out of PS.Case No. -371 Year- 2015 Thana -BALIA District- BEGUSARAI ====================================================== Shiv Kumar @ Makhra @ Mekra, Son of Jhakho Paswan @ Bhakho Paswan, resident of village- Manserpur, PS Ballia, District Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party : Mr. Md.Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 02.02.2016 in connection with Ballia P.S. Case No. 371 of 2015 for the offences instituted under Sections 461 and 379 of the IPC. It is alleged that three statues of the God were stolen away from the Temple by some unknown person.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.02.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He is not named in the F.I.R. His name has come on the basis of a confessional statement of co-accused. He has not been put on T.I.

Patna High Court Cr.Misc. No.24324 of 2016 (6) dt.05-09-2016 2/2 Parade. There is no recovery of any theft property from his possession. The other co-accused has been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 23705 of 2016. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation.

Considering the aforesaid facts and circumstances, 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 the learned C.J.M., Begusarai, in connection with Ballia P.S. Case No. 371 of 2015. U.K./- (Sudhir Singh, J) U