IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.41724 of 2010
Jyoti Kumar, S/o Krishna Mohan Singh, R/o Mohalla-Gannipur, P.S.-Kazi
Mohammadpur, District-Muzaffarpur.
.... Petitioner.
Versus
State Of Bihar ......... Opposite Party.
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2. 22.12.2010 1. Heard learned counsel for the petitioner and
learned counsel for the State.
2. Petitioner is an accused for offence punishable
under section 379 of the Indian Penal Code.
3. The statement in the F.I.R shows that the
informant’s vehicle was hired by some unknown persons and
taken to another place, where the driver was drugged and the
vehicle was stolen.
4. Learned counsel for the petitioner submits that
neither petitioner was named in the F.I.R. nor any incriminating
article was recovered from his possession and even test
identification parade was not done and the petitioner including
others was implicated only on the basis of confessional statement
of one of the co-accused persons. Learned counsel for the
petitioner further submits that said persons including the
petitioner, who were named by co-accused persons, were all
implicated in Maniyari P.S.Case No. 20 of 2010 and only on the
basis of his implication in the aforesaid case, petitioner has been
implicated in the instant case also and he is languishing in
custody since 17.02.2010. Learned counsel for the petitioner
avers that other co-accused persons with exactly similar
2
allegations namely Raj Kumar and Santosh Kumar @ Santosh
Kumar Jaisawal have already been enlarged on bail on the orders
of this court passed in Cr. Misc. No. 17824 of 2010 and Cr.
Misc. No. 29293 of 2010 respectively.
5. Considering the facts and circumstances
aforementioned, petitioner named above is directed to be
released on bail on furnishing bail bond of Rs. 10,000/- with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Muzaffarpur in connection with Maniari
P.S.Case No. 162 of 2009.
Sujit (S.N.Hussain, J.)