Gopal Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.17303 of 2016 (4) dt.24-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17303 of 2016 Arising Out of PS.Case No. -110 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Gopal Sahni son of Shree Sudama Sahni resident of Village- Maghaule Binulie, P.S. Khodavandpur, District- Begusarai (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mira Kumari, Advocate For the Opposite Party : Mr. S.M.Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody since 27.11.2015 in connection with Bibhutipur P.S.Case No.110 of 2015 registered for the offence under Section 394 of the IPC.

As per the prosecution case, it is alleged by the informant that on 02.06.2015 the informant was going to Danapur Cantonment from his village Pabra and he reached near Dumani Chauk, in the meantime, three unknown criminals born out of Splendor motorcycle, overtake the informant and stopped him on the point of pistol and snatched his Pulsar motorcycle and also his departmental identity card and thereafter fled away towards Dalsingsarai.

Patna High Court Cr.Misc. No.17303 of 2016 (4) dt.24-05-2016 It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.11.2015. Chargesheet has been submitted in the case. Petitioner has falsely been implicated in the present case on the basis of a confessional statement of a coaccused. Petitioner has not put on test identification parade. No incriminating articles have been recovered from the possession of the petitioner.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR and his name has come in course of investigation.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manjur Allam, Judicial Magistrate, Ist Class, Rosera (District-Samastipur), in connection with Bibhutipur P.S.Case No.110 of 2015. (Sudhir Singh, J) B.Kr./- U T