Sakhi Lal @ Sakhi Lal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.47728 of 2015 (3) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47728 of 2015 Arising Out of PS.Case No. -22 Year- 2014 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Sakhi Lal @ Sakhi Lal Singh Son of Late Thurkru Lal Singh resident of Village - Kochagarh, P.S. Routa (Angar), District - Purnea. .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bhadurganj P.S. Case No. 22 of 2014 registered for the offences punishable under Sections 395/397 of the Indian Penal Code. Allegedly, 20 and 22 unknown miscreants entered into the house of the informant and took away ornaments, cash of Rs. 30,000/-, clothes and mobiles after assaulting with lathi, danda and also causing fire arm injuries in the leg of the father of the informant. During investigation the name of the petitioner transpires along with others in the statement of spy vide para 119 of the case diary and further co-accused Ekhlaque confessing his guilt named the petitioner.

Submission is of false implication and that the petitioner is in custody since 15.03.2015 but he has not been put on

Patna High Court Cr.Misc. No.47728 of 2015 (3) dt.13-01-2016 T.I.P., no any incriminating article has been recovered from possession of the petitioner and alleged confessional statement has got no evidentiary value and as such he deserves sympathetic consideration to which learned A.P.P. opposes by submitting that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering that the petitioner has not been put on T.I.P and nothing was recovered from his conscious possession, 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 Additional Sessions Judge, Kishanganj in Sessions Trial No. 308 of 2015 arising out of Bahadurganj P.S. Case No. 22 of 2014, 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) siddharth/- U T