Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22124 of 2018 Arising Out of PS. Case No.-214 Year-2017 Thana- ASHTHWAN District- Nalanda ====================================================== Sandeep Kumar S/o Arjun Sao R/o Village Dumrawan, P.S. Asthawan, District Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar For the Opposite Party/s :
Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is in custody in connection with Asthawn P.S. Case No. 214 of 2017 for the offence under section 394 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner was not named by the informant at the time of lodging FIR. It appears from the subsequent statement recorded by the police the informant has disclosed the name of the accused persons before the police in which the name of the petitioner also disclosed.
Learned counsel for the petitioner submits that he has been made accused in this case only because the fact that in the past he was suspected as criminal and as a result thereof, in the
Patna High Court Cr.Misc. No.22124 of 2018(3) dt.17-05-2018 2/2 present case he has been made accused.
Considering the fact that petitioner is in custody since 13.12.2017 and the name of the petitioner surfaced in the restatement of the informant and no TIP was conduced by the police and in view of the fact that charge-sheet has already been submitted by the police, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Nalanda at Bihar Sharif, in connection with Asthawan P.S. Case No. 214 of 2017 on the condition that bailors should be family members of the petitioner.
(Anil Kumar Upadhyay, J) Ravi/- U