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
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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)