Karamveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62024 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== KARAMVEER KUMAR, Son of Vir Bahadur Singh, Resident of VillageDaud Nagar, P.S.-Bidupur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 02.05.2019 in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case is that the accountant, Chandan Kumar along with two other employees of the Reliance Petrol Pump were going to deposit Rupees Nine Lakh Seventy One Thousand Ninety rupees in the Central Bank of India, Teresiya Branch at Jadhua by a Maruti Alto Car, but on the way, it was robbed off by three motorcycle borne miscreants, on the point of pistol, leading to registration of FIR against unknown. The name of the petitioner sprang up on the basis of confessional statement of co-accused, Chandan Kumar and thereafter, the petitioner has been remanded in the present case from other case.

Patna High Court CR. MISC. No.62024 of 2019(2) dt.22-10-2019 2/3 It is submitted by learned counsel for the petitioner that there is neither any recovery from the conscious physical possession of the petitioner nor the petitioner has been put on Test Identification Parade and only on the basis of confessional statement of co-accused, Chandan Kumar, the petitioner has been dragged in the present case. Moreover, the investigation has already been concluded. It is further submitted that before remanding in the present case, the petitioner is accused in only one case, i.e., Bidupur P.S. Case No.135 of 2018, wherein, he has been granted bail, but thereafter he has been remanded in four other cases, including the present case. A statement to that effect has been made in paragraph no.3 of the petition. Learned APP for the State submits that the name of the petitioner sprang up on the basis of confessional statement of co-accused, Chandan Kumar.

Considering the fact that the material on record does not suggest that any recovery has been made from the conscious physical possession of the petitioner nor the petitioner has been put on Test Identification Parade, coupled with the fact that the investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.62024 of 2019(2) dt.22-10-2019 3/3 sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 66 of 2019.

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