Sunil Das @ Sunil Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72305 of 2019 Arising Out of PS. Case No.-201 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== SUNIL DAS @ SUNIL KUMAR DAS Son of Kulay Das Resident of VillageItahari Ward No.1, P.S-Singheshwar, District-Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 26.8.2019 in a case registered for the offences punishable under Sections 379 and 411 of the I.P.C.
The prosecution case is that on 25.8.2019 at 10.00 A.M. when the informant went inside the Singheshwar Temple, his mobile phone was taken out from his pocket. It is further alleged that the mobile phones of several other persons were also taken out. The informant further alleged that the cash of Rupees Three Thousand taken out from his pocket was recovered from the petitioner.
It is submitted by learned counsel for the petitioner that the robbed mobile was not recovered from the petitioner and the money which was claimed to have been recovered from him,
Patna High Court CR. MISC. No.72305 of 2019(2) dt.04-12-2019 2/2 was his money. It is further submitted that the petitioner was caught on the basis of suspicion. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner was caught on the spot.
Considering the fact that the robbed mobile was not recovered from the petitioner, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period in custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Madhepura in connection with Singheshwar P.S. Case No. 201 of 2019. (Dinesh Kumar Singh, J) anil/- U