Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56751 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== SATYAM KUMAR, aged about 20 years (Male), Son of Bilash Kunwar, Resident of Village - Sri Rampur Thuthi, P.S.- Parbatta, Dist.- Dist. Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anil Kumar Choudhary, Advocate.

For the Opposite Party :

Mr.Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.06.2019 in a case for the offence registered under Section 392 of the IPC.

The prosecution story, in brief, is that on 21.06.2019 at about 1.00 A.M. (night), accused persons on the point of pistol, asked one Jyotish Kumar who was sleeping at the Dalan of the informant to open the door by saying the informant for drinking water. Upon which, the informant opened the door. In the meantime, four boys covering their faces entered into her house, broke Almirah and looted away cash amount Rs. 42,000/-, ornament of Rs. 1,00,000/- alongwith Mobile of her son as well as Mobile of Jyotish Kumar.

Patna High Court CR. MISC. No.56751 of 2019(2) dt.06-09-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has come on the basis of his self confession made before the police. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the 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 the learned C.J.M. Khagaria, in connection with Parbatta P.S. Case No. 232 of 2019.

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