Patna High CourtCR. MISC./38234/2017allowed

Aditya Kumar v. The State Of Bihar

2017-08-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38234 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ====================================================== Aditya Kumar, Son of Sambhu Mahto @ Prasad, R/o Village- Raja Bigha, Marui, P.S.- Roh, District- Nawadah. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Parasbigha P.S. Case No. 44 of 2017 registered under Section 392 of the Indian Penal Code. As per the prosecution case, 3-4 unknown miscreants are said to have looted the pick-up van and mobile phone of the informant and also the mobile phone of his driver. It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor he was apprehended on the spot. Nothing incriminating article has been recovered from his conscious physical possession. There is nothing in the case diary indicating the complicity of the petitioner in the occurrence, barring the confessional statement of one coaccused Prem Kumar alias Manoj Kumar. One similarly situated co-accused, namely, Abhishek Kumar has been granted bail by a

Patna High Court Cr.Misc. No.38234 of 2017 (02) dt.16-08-2017 -2co-ordinate Bench of this Court in Cr. Misc. No.34337 of 2017 vide order dated 27.07.2017. The petitioner has been languishing in custody since 29.04.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jehanabad in connection with Parasbigha P.S. Case No.44 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T