Satyendra Singh @ Satyendra Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8200 of 2016 Arising Out of PS.Case No. -50 Year- 2007 Thana -RIGA District- SITAMARHI ======================================================
1. Satyendra Singh @ Satyendra Narayan Singh, son of Late Ram Bahadur Singh Veerana, resident of Village- Aura, P.S.- Tariyani, District- Sheohar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Shailendra Kumar-Ii(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Riga P.S.Case No. 50/2007 registered for offences punishable under Sections 147, 148, 149, 302, 307, 324, 395, 427 of the of the Indian Penal Code, Section 27 of Arms act, Section 3/4 of Explosive Substance Act and Section 17/18 of C.L.A.Act . The prosecution case as per the F.I.R., lodged by the informant is that on 31.03.2007 at about 6.30 P.M. the informant heard huge explosion sound from the side of Riga Sugar Factory and rushed there and saw about 200 to 250 Maoists and 15-20 female Maoists, variously armed with fire arms, bombs and other deadly weapons , who began recklessly firing. They had collected
Patna High Court Cr.Misc. No.8200 of 2016 (2) dt.25-02-2016 2/3 to loot the Central Bank of India, Riga and also loot the arms and ammunitions of Riga P.S. and commit murder of the policeman. They exploded the bombs, opened about 500 rounds of fire one sap Jawan Madan Lal Prasad was murdered and some injured. The miscreants attempted to break the safe of the Bank but could not succeed. They were talking among themselves by means of Walky- Talkey". The Home Guard Jawan Tagan Singh and B.K. Sanyal Cashier/ assistant Branch Manager were also injured. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent having no criminal antecedent and he is a P.D.S. dealer and not named in the F.I.R. He has been falsely implicated after seven years on the basis of confessional statement of one Gauri Shankar Jha, who has been granted bail by this Court.
Learned A.P.P. for the State however submits that there was a huge mob of 200-250 Maowadi in which the petitioner's name has surfaced on the statement of the co-accused. Be that as it may since confessional statement of the coaccused has no evidentiary value in the eye of law, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand)
Patna High Court Cr.Misc. No.8200 of 2016 (2) dt.25-02-2016 3/3 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Riga P. S. Case No. 50/2007, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
(Nilu Agrawal, J) Sudha/- U T