Tipu Sultan v. The State Of Bihar

Patna High Court Cr.Misc. No.12275 of 2015 (2) dt.27-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12275 of 2015 Arising Out of PS.Case No. -75 Year- 2014 Thana -PUPRI District- SITAMARHI ====================================================== Tipu Sultan Son of Late Md. Tahir, Resident of Village-Jhitki, P.S.- Nanpur, District-Sitamrhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 20.05.2014 in connection with Pupri P.S. Case No. 75 of 2014 for the offence registered under sections 394/412 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name surfaced on the basis of the confessional statement of the one co-accused Anuj Kumar. It is further submitted that on the basis of the said confessional statement, made before the police, petitioner was arrested and from his house, his mobile was taken by the police, which did not have any connection with the looted mobile of the present case. However, assuming that the said mobile was looted one is true then also the petitioner has been

Patna High Court Cr.Misc. No.12275 of 2015 (2) dt.27-05-2015 remained in jail for one year. It is further submitted that, save and except, the confessional statement of Anuj Kumar, there is no cogent material to connect the petitioner with the present case. Considering the aforesaid submissions and also the fact that petitioner has no criminal antecedent and petitioner is languishing in jail for one year, let the petitioner, as mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.D.J., III, Sitamarhi in connection with Pupri P.S. Case No. 75 of 2014.

(Anjana Mishra, J) Jagdish/- U T