Sunny Kumar Singh @ Sunny Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.24251 of 2016 (3) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24251 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sunny Kumar Singh @ Sunny Singh S/O Umesh Singh resident of village- Banjaria, P.S- Madhuban, Dist. East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 15.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 386 and 387 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation name of the petitioner came in the confessional statement of FIR named accused Manoj Singh and after that petitioner was remanded in this case. Police submitted charge sheet against the petitioner. Petitioner carries criminal antecedent of several cases. Submission on behalf of the petitioner is that except socalled confessional statement of co- accused Manoj Singh, there is nothing against the petitioner in the present case. It is further submitted that the petitioner is in jail custody since 27.1.2016 but up till now, he was not put on test identification parade by the concerned I.O, particularly, in the circumstances, when some witnesses claimed

Patna High Court Cr.Misc. No.24251 of 2016 (3) dt.15-07-2016 to have identified the culprits. It is further submitted that so far as criminal antecedent of the petitioner is concerned, police is in habit of remanding the petitioner in the cases which have been lodged against unknown. It is further submitted that when the petitioner got bail in one case, he was remanded in the present case without any material except the above stated confessional statement. Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate XII, East Champaran at Motihari in Phenhara P.S. Case no. 70/2015. shahid (Hemant Kumar Srivastava,J) U T