Ajay Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56423 of 2019 Arising Out of PS. Case No.-392 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Ajay Kumar Das S/o Suresh Das R/o Village- Nariyar, Ward No. 06, Das Tola Latha, P.S.- and District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Sections 356, 379 & 327 of the Indian Penal Code and later on, Section 411 of the Indian Penal Code was also added. The prosecution case, in short, is that while the informant was going to Saharsa, in the way, three miscreants snatched gold chain, ATM Card, PAN Card and Key of vehicle. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 08-05-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case in course of investigation A key of motorcycle is said to have been recovered

Patna High Court CR. MISC. No.56423 of 2019(2) dt.05-09-2019 2/2 along with Rs. 10,000/- The same has not been put on test identification parade to ascertain as to whether the same is stolen property. The petitioner has been made accused in the present case due to mistake of fact. .

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 392 of 2019.

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