Parmeshwar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.6068 of 2016 (3) dt.05-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6068 of 2016 Arising Out of PS.Case No. -538 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Parmeshwar Rai S/o Jaleshwar Rai Resident of Village-B.S.N.L. Golambar, Ramashish Chowk, Hajipur, P.S. Sadar Hajipur, District - Vaishali .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Sadar Hajipur P.S. Case No. 538 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, four miscreants surrounded the informant and snatched mobile, cash of Rs. 7,000/- and another relevant papers kept in a bag at the point of knife. During investigation the petitioner was caught while he was fleeing away and on the basis of his confessional statement some clothes alleged to be looted articles were recovered from the house of the co-accused Munna Rai and Sonu Kumar Rai.

Submission is of false implication and that the petitioner is in custody since 08.11.2015 but he has not been put on test

Patna High Court Cr.Misc. No.6068 of 2016 (3) dt.05-04-2016 identification parade and nothing has been recovered from his conscious possession and the alleged confession before the Police has got no evidentiary value in the eye of law and as such he deserves sympathetic consideration to which learned APP opposes.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sadar Hajipur P.S. Case No. 538 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T