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Patna High CourtCR. MISC./85659/2019bail granted

Tinku Kumar @ Tinku Poddar @ Aatish Kumar v. The State Of Bihar

2020-01-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85659 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- ALOULI District- Khagaria ====================================================== TINKU KUMAR @ TINKU PODDAR @ AATISH KUMAR S/o Mukesh Poddar R/o village- Sakarpura, P.S.- Bakhari, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Alauli P. S. Case No. 188 of 2019 (GR No.1686 of 2019) instituted for the offence under Section(s) 394 of the Indian Penal Code.

The prosecution is in respect of snatching of one motorcycle and two mobile phones by four unknown accused persons.

The counsel for the petitioner submits that he was taken into custody in connection with Alauli P.S. Case No. 280 of 2019. Thereafter, upon obtaining his self confessional statements, he has been implicated in the instant case also. He has been remanded in the instant case on 11.10.2019. Other than his own confessional statement, there is nothing on record to

Patna High Court CR. MISC. No.85659 of 2019(2) dt.16-01-2020 2/2 connect him with the alleged occurrence in-question and though he is in custody he has not even been put on Test Identification Parade. There is no recovery either from the petitioner or upon his statement.

The learned APP for the State opposed the prayer for bail. 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, Khagaria, in connection with Alauli P. S. Case No. 188 of 2019 (GR No.1686 of 2019), subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T