Shambhu Ram v. The State Of Bihar
Patna High Court Cr.Misc. No.49071 of 2014 (03) dt.01-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49071 of 2014 Arising Out of PS.Case No. -32 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shambhu Ram .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Ram Naresh Rai (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Unknown miscreants have looted away 200 bags of sugar laden over a truck after incepting the truck by means of Scorpio. Out of 200 bags, 197 bags of sugar was recovered from the deserted house of Ashok Singh. It is also evident that four accused persons along with Scorpio vehicle were apprehended (Para-42) whereafter their inculpatory extra-judicial confessional statement was recorded wherein the name of petitioner also cropped up. It is evident from Para-48 of the case diary that petitioner along with others were apprehended by the police, brought to the police station and then informant (driver) and Khalasi were called upon to identify and accordingly, they identified. For the present, the aforesaid illegal procedure adopted
Patna High Court Cr.Misc. No.49071 of 2014 (03) dt.01-04-2015 by the I.O. gives a cogent ground to the petitioner to be released on bail.
That being so, petitioner Shambhu Ram is directed to 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 Mr. Dwijendra Kumar, Judicial Magistrate, 1st Class, East Champaran at Motihari/ successor in office in connection with Kesariya P. S. Case no.32 of 2014. (Aditya Kumar Trivedi, J) Vikash/- U T