Shesh Patel @ Sheshnath Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11120 of 2017 Arising Out of PS.Case No. -238 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Shesh Patel @ Sheshnath Patel, Son of Sri Bikram Patel, resident of Village- Banuchhapar, P.S.- Bettiah Muffasil (Banuchhapar O.P.), DistrictWest Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Bettiah Muffasil P.S. Case No. 238 of 2016 instituted for the offence under Section(s) 395/397 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that cash of Rs. 6,87,000/- and key of the motorcycle were looted by the miscreants from the informant.

It has been submitted on behalf of the petitioner that petitioner was not named in the written report. The case diary has been received.

Patna High Court Cr.Misc. No.11120 of 2017 (3) dt.25-04-2017 2/2 Learned A.P.P. after going through the case diary has submitted that the name of this petitioner has come in para 81 of the case diary in the confessional statement of coaccused Kunal Thakur. From the case diary, it is apparent that no Test Identification Parade has been held. There is also no recovery from the conscious possession of the petitioner. The petitioner is said to be in custody since 09.01.2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, West Champaran, Bettiah in connection with Bettiah Muffasil P.S. Case No. 238 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Shageer/- U T