Sumit Yadav @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15183 of 2016 Arising Out of PS.Case No. -793 Year- 2015 Thana -KATIHAR District- KATIHAR ====================================================== Sumit Yadav @ Sumit Kumar, Son of Late Dilip Yadav. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jibendra Mishra For the Opposite Party/s : Mr. Satyendra Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code. Petitioner is not named in the first information report but it would appear from perusal of the impugned order that in course of investigation, one witness claimed to have seen the alleged occurrence and stated the name of the petitioner. Learned counsel for the petitioner submits that petitioner was picked up by the police from his house and as a matter of fact, petitioner was not involved in the alleged crime. It is further submitted that so far as confessional statement of the petitioner is concerned, the same was taken on the basis of coercion. No doubt, one witness claimed to have seen the

Patna High Court Cr.Misc. No.15183 of 2016 (2) dt.19-04-2016 2/2 petitioner committing the alleged crime but had the aforesaid witness seen the alleged occurrence, he would have certainly disclosed the name of the petitioner at the time of institution of the present case because the police station was situated at a stone throw distance from the place of occurrence.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 793 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T