Manthan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55890 of 2019 Arising Out of PS. Case No.-879 Year-2018 Thana- KOTWALI District- Patna ====================================================== 1.

Manthan Kumar Son of Chhabile Goswami Resident of Mohalla-Kamla Nehru Nagar, P.S.-Kotwali, District-Patna.

2.

Rahul Kumar Son of Bishnu Goswani Resident of Mohalla-Kamla Nehru Nagar, P.S.-Kotwali, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 379 of the Indian Penal Code.

Allegedly, the motorcycle of the informant, parked outside the examination centre, was found missing.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 06-01-2019. Charge sheet has already been submitted. The petitioners are not named in the FIR. The name of the petitioners transpired in this case on the basis of their self-confession made in another case.

Patna High Court CR. MISC. No.55890 of 2019(2) dt.03-09-2019 2/2 There is no recovery of any incriminating article in this case from possession of the petitioners. The petitioners have not been put on test identification parade.

On behalf of the State, it is submitted that the petitioners are not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 879 of 2018.

(Sudhir Singh, J) A.K.V.//- U T