Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5435 of 2019 Arising Out of PS. Case No.-229 Year-2017 Thana- BENIPATTI District- Madhubani ====================================================== Kamlesh Kumar, Son of Ram Sewak Mahto, Resident of Village- Kansar, P.S.-Belsand, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Learned counsel for the petitioner is permitted to make necessary correction in the petition.

Heard learned counsels for the petitioner and State. The petitioner is languishing in custody since 27.08.2018 in a case registered for the offences punishable under Sections 356 and 379 of the IPC.

The prosecution case, as per the written report of Uday Kumar Yadav, dated 12.10.2017 submitted to the Station House Officer, Benipatti Police Station, is to the effect that the informant was carrying Rs. 2,10,000/- to P.N.B. Bank, situated at Benipatti, in the meantime, one miscreant came on a motorcycle and dashed the informant's motorcycle and snatched the bag containing the said amount, leading to registration of FIR against unknown accused persons. The name of the

Patna High Court Cr.Misc. No.5435 of 2019(2) dt.31-01-2019 2/3 petitioner sprang up during investigation when he was arrested in a case registered under the Arms Act and Excise Act where he confessed his guilt of committing robbery.

It is submitted by learned counsel for the petitioner that except confession before the police, no material evidence has been collected against the petitioner and no recovery has been made from the petitioner. It is further submitted that the investigation has already been concluded and the petitioner has not been put on T.I. Parade, whereas other similarly situated accused persons have been granted bail by different Benches of this Court, vide Cr. Misc. Nos. 38319, 43230 and 50129 of 2018.

Learned APP submits that the petitioner has confessed his guilt.

Considering the fact that investigation has already been concluded and the petitioner has not been put on T.I. Parade, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, Benipatti in connection with Benipatti P.S. Case No. 229 of 2017.

The learned Court below would be at liberty to cancel

Patna High Court Cr.Misc. No.5435 of 2019(2) dt.31-01-2019 3/3 the bail bonds of the petitioner defaults on three consecutive occasions, or if he gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Amrendra/- U T