Chhotu Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68692 of 2018 Arising Out of PS. Case No.-140 Year-2017 Thana- GAYA KOTWALI District- Gaya ====================================================== Chhotu Malakar, son of Kishori Malakar, resident of Village- Madanpur, P.S.- Vishnupad, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kotwali P.S. Case No.140 of 2017 instituted for the offence under Section(s) 379, 411 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. He was not put on Test Identification Parade. He has no criminal antecedents. The police arrested this petitioner merely on suspicion and recorded his confessional statement showing recovery of mobile phones from possession of this petitioner as mentioned in the seizure list. Those articles were never put on Test Identification Parade. Petitioner is in custody since 08.05.2017.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.68692 of 2018(2) dt.29-11-2018 2/2 the petitioner for grant of bail is allowed. 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 Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No.140 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T