High Court Patna High Court - Orders

Satyendra Kumar Singh @ Manoj … vs The State Of Bihar on 28 February, 2011

Patna High Court – Orders
Satyendra Kumar Singh @ Manoj … vs The State Of Bihar on 28 February, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Cr.Misc. No.1629 of 2011
 SATYENDRA KUMAR SINGH @ MANOJ SINGH, SON OF LATE LAL BABU SINGH
                                   Versus
                           THE STATE OF BIHAR
                              ......................

02 28.02.2011 Learned counsel for the petitioner is permitted to make

necessary corrections in prayer portion of this application within

course of the day.

Heard learned counsel for the petitioner as well as learned

Additional Public Prosecutor for the State.

Petitioner is languishing in jail custody since 10.11.2009 in

connection with Shastri Nagar P.S. Case No. 373 of 2009 registered

under Section 394 of the Indian Penal Code and subsequently, Section

411 of the Indian Penal Code was also added.

Petitioner is not named in the First Information Report and

it appears that during course of investigation he was arrested by the

police and one Bhujali, one Sonata wrist watch and one mobile were

recovered from the possession of the petitioner. It would appear from

perusal of Fardbeyan of the informant that Samsung mobile was

snatched in course of the alleged occurrence and admittedly, Samsung

mobile has not been recovered from the possession of the petitioner.

So far as recovery of wrist watch is concerned, it is not the case of the

prosecution that any wrist watch was snatched in the above stated

occurrence and so far as recovery of Bhujali is concerned, it is not

clear from the materials available on the record as to whether the

aforesaid Bhujali had been used in committing the alleged crime or

not. No doubt, petitioner carries criminal antecedent of six cases but
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he has not been put on Test Identification Parade as yet.

Considering the aforesaid facts as well as circumstances

coupled with period of detention of the petitioner in judicial custody,

let the petitioner be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to

the satisfaction of Smt. Gayatri Kumari, Judicial Magistrate, Ist Class,

Patna in connection with above stated Shastri Nagar P.S. Case No.

373 of 2009.

Shahzad                      (Hemant Kumar Srivastava, J)