Balwant Kumar @ Bullet v. The State Of Bihar

Patna High Court Cr.Misc. No.8890 of 2016 (3) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8890 of 2016 Arising Out of PS.Case No. -53 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Balwant Kumar @ Bullet son of Late Nand Kumar Singh Resident of Village - Pasnauli, P.S. - Maharajganj, District - Siwan.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Maharajganj P.S. Case No. 53 of 2015 registered for the offences punishable under Section 394 of the Indian Penal Code. Allegedly, two miscreants snatched bag of the informant containing cash of Rs. 2,90,000/- and pass book after assaulting the informant with knife. During investigation the petitioner was apprehended and he confessed his guilt.

Submission is of false implication and that there is no legal and tangible material against the petitioner, besides confessional statement which has been recorded by the Police after adopting 3rd degree method there is no other material, nothing has been recovered from his possession, he has not been put on test identification parade though he is in custody since 24.08.2015.

Patna High Court Cr.Misc. No.8890 of 2016 (3) dt.12-05-2016 Chargesheet has been submitted only on the basis that the petitioner has criminal antecedent.

Learned APP fairly submits that besides confessional statement there is no other material against the petitioner. 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, Siwan in connection with Maharajganj P.S. Case No. 53 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