Prince Kumar @ Kala Prince v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73361 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- GORAUL District- Vaishali ====================================================== PRINCE KUMAR @ KALA PRINCE, Gender-Male, aged about 22 years, Son of Nathuni Bhagat, Resident of Village- Paigamberpur Korigawon, P.S.- Goraul in the District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajeev Ranjan, Advocate.

For the Opposite Party :

Mr.Rajeev Nayan,App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 379 of the IPC.

The prosecution story, in brief, is that on 16.04.2019 at about 12.30 P.M., the informant was going to his home from Goraul Bazar on his Motorcycle. On the way, he went to call of nature after standing his Motorcycle by the side of the road. When he returned, he saw that his Motorcycle was missing with various articles.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 10.06.2019. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.73361 of 2019(2) dt.18-11-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of his confession made in another case. Hence, the petitioner has been remanded in the present case. Except for confession, there is no substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade.

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 the learned Ist A.C.J.M. Vaishali at Hajipur, in connection with Goraul P.S. Case No. 112 of 2019.

(Sudhir Singh, J) U.K./- U T