Sandesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63699 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== SANDESH KUMAR S/o- Ramadhar Sah @ Rajeshwar Sah Resident of Village- Balganga, Brit Laxmipur, Saraiya, P.S.- Turkauliya, Districtr- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

Prosecution case in short is that while the informant was returning his house from Motihari, in the way, the miscreants intercepted him and snatched mobile, cash and motorcycle on the point of pistol.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 04-07-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of

Patna High Court CR. MISC. No.63699 of 2019(2) dt.22-10-2019 2/2 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 Additional Chief Judicial Magistrate-Ist, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 98 of 2019. (Sudhir Singh, J) A.K.V.//- U T