Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60588 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== Sumit Kumar Son of Umesh Yadav Resident of Village- Karna, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Section 395 of the Indian Penal Code and later on, Section 412 of the Indian Penal Code was also added.

Prosecution case in short is that in the way the accused persons sitting on an Alto Car, intercepted the Pick up Van loaded with pomegranate and having tied the hand, mouth and legs of the informant, fled away with the Pick up Van. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-06-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR.

Patna High Court CR. MISC. No.60588 of 2019(2) dt.24-09-2019 2/2 His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade.

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, Khagaria in connection with Pasraha P.S. Case No. 57 of 2019.

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