Subham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 81569 of 2019 Arising Out of PS. Case No.-130 Year-2018 Thana- BARUN District- Aurangabad ====================================================== SUBHAM KUMAR S/o Shri Satyendra Singh R/o Village- Parasathuwa, P.S.- Kochas, District- Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 26.10.2019 in connection with Barun P.S. Case No. 130 of 2018 for the offence registered under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the entire allegation is based on mere suspicion and no Test Identification Parade has been held so as to establish the commission of crime and the complicity of the petitioner in the alleged occurrence. It is further submitted though reference has been made to the CCTV footage, however, it does not appear that any investigation has been made by the police with regard to the same, hence, there is no material at

Patna High Court CR. MISC. No. 81569 of 2019(2) dt.11-12-2019 2/2 the moment so as to connect the petitioner with the alleged crime. Lastly, it is submitted that the petitioner is languishing in custody since 26.10.2019.

At this juncture, the learned counsel for the petitioner submits that similarly situated co-accused person, namely, Krishna Singh has already been granted the privilege of regular bail by a coordinate Bench of this Court by an order dated 18.10.2019 passed in Criminal Miscellaneous No. 58807 of 2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Barun P.S.Case No. 130 of 2018.

(Mohit Kumar Shah, J) ajay gupta/- U T