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Patna High CourtCR. MISC./53720/2018bail granted

Sujit Kumar v. The State Of Bihar

2018-10-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53720 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- SAMASTIPUR District- Samastipur ====================================================== Sujit Kumar son of Ramprit Sah resident of mohalla Sonbarsa Chowk, Ward No. 13, P.S. - Samastipur (Muffasil), District - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar For the Opposite Party/s :

Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Samastipur Town P. S. Case No. 100 of 2018 instituted for the offence under Section(s) 392 Indian Penal Code.

Learned counsel for the petitioners has submitted that there is no recovery of any cash or looted article from conscious possession of this petitioner. It has further been submitted that FIR is against unknown. No T.I.P. has been held. In the impugned order though learned Sessions Judge has mentioned about the recovery of the looted money and mobile from the possession of this petitioner which gets reflected from para 168 of the case diary, but the seizure list

Patna High Court Cr.Misc. No.53720 of 2018(2) dt.01-10-2018 2/2 which has been annexed with the F.I.R reflects that only a mobile has been recovered from possession of this petitioner. The aforesaid money which is stated to have been recovered from the possession of the petitioner has actually been recovered from the possession of one Sujit Kumar S/o Ram Babu Ram. The paragraph No. 168 of the case diary reflects the recovery of the aforesaid money from the possession of one Sujit Kumar S/o Ram Babu Ram.

Considering the aforesaid, 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 CJM Samastipur, in connection with Samastipur Town P. S. Case No. 100 of 2018, GR Case no. 735 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T