Sunil Singh @ Semi @ Sem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3857 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -SHASTRINAGAR District- PATNA ====================================================== Sunil Singh @ Semi @ Sem, S/o Sabha Ram Singh, R/o 1205 Panakal Dreams, P.S.- Indore, District- Indore (M.P) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Rina Sinha, Advocate For the Opposite Party/s : Mr. Narendra Kr.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 23.8.2015 in connection with Shashtri Nagar P.S. Case No.143 of 2015 registered for the offences under Sections 420 and 406 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and has no connection whatsoever with SIS Company, which is responsible for loading the money in different ATMs across the town of Patna. It is further submitted that the present petitioner is a resident of Indore, Madhya Pradesh and he was first remanded in connection with another case i.e., Rander P.S. Case No.38 of 2015 at Surat in the State of Gujarat. It is further submitted that on the basis of the confessional statement of one co-accused,

Patna High Court Cr.Misc. No.3857 of 2016 (2) dt.09-02-2016 2/2 namely, Satyam Kumar, who was suspected to be one of the culprits, the petitioner has been remanded in connection with the present case. It is submitted that the petitioner cannot be prosecuted on the basis of the confessional statement made before the police as the same has no evidentiary value. It is further submitted that in view of the nature of allegations made, no case is made out against the petitioner under Section 406 and 420 of the I.P.C.

Considering the aforementioned facts and circumstances and that the petitioner had no earlier criminal antecedent than the said Randar P.S. Case No.38 of 2015 and the remote nature of allegation made purely on suspicion, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Md. Inam Khan, learned Judicial Magistrate, Patna, in connection with Shashtri Nagar P.S. Case No.143 of 2015.

(Anjana Mishra, J) PNM U T