Patna High CourtCR. MISC./42574/2017bail granted

Sunil Pandey v. The State Of Bihar

2017-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42574 of 2017 Arising Out of PS. Case No.-35 Year-2015 Thana- MADANPURA District- Aurangabad ====================================================== Sunil Pandey Son of Late Rajdeo Pandey, R/o Village- Saifganj Tola, Punchmahala, P.S.- Sheoghati, District- Gaya, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh For the Opposite Party/s :

Mr. BHARAT LAL ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted under Sections 395 and 328 of the I.P.C.

Allegation is that four unknown miscreants looted away mobile phones and money after breaking open the window of the truck and taken away the loaded truck.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.6.2017. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come on the confessional statement of co-accused. He has not been put on T.I.P. There is no recovery of any incriminating article from the

Patna High Court Cr.Misc. No.42574 of 2017(2) dt.20-09-2017 2/2 possession of the petitioner. Other co-accused have been granted bail vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is not named in the 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 Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. case No.35 of 2015.

(Sudhir Singh, J) Narendra/- U T