Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62401 of 2019 Arising Out of PS. Case No.-189 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== 1.

MANISH KUMAR Son of Pachu Sah Resident of Village - Kolhua Paigambarpur, P.S.- Ahiyapur, Distt - Muzaffarpur. 2.

Bhim Kumar Son of Kameshwar Sah Resident of Dewariya Kothi Choudhary Tola, P.S.- Dewaria, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 20.7.2019 in a case registered for the offences punishable under Section 395 of the I.P.C.

The prosecution case is to the effect that on 20.7.2019 at 10.30 A.M., while the informant was working in his Service Centre, in the meantime, four miscreants came, robbed Rupees Two lacs, laptop and some other documents and fled away. The names of the petitioners sprang up in confession of co-accused Ajit Kumar.

It is submitted by learned counsel for the petitioners that there is no recovery from possession of the petitioners. Though

Patna High Court CR. MISC. No.62401 of 2019(2) dt.22-10-2019 2/2 the petitioners were put on Test Identification Parade but they were not identified. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the names of the petitioners sprang up in the confession of co-accused Ajit Kumar. Considering the fact that the petitioners were not identified during Test Identification Parade, the investigation has already been concluded and the period in custody, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JM Ist Class, Muzaffarpur in connection with Karja P.S. Case No.189 of 2019.

(Dinesh Kumar Singh, J) anil/- U