Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1975 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -BARHAT District- JAMUI ====================================================== Sanjay Singh S/o Late Ashok Singh R/village - Gaghaza, P.S. Sahpur, District - Patna, At present residing at village - Gaziya, P.S. - Laxmipur, District - Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 379 of the I.P.C Allegedly, a Bolero bearing No. BR 46 A 6351 was stolen away from outside of house of the informant and one mobile was also inside the vehicle and accordingly the case was registered against unknown. During investigation on the basis of confessional statement of the petitioner the said Bolero was recovered.

Submission is of false implication and that the petitioner has got no concern with any mobile mentioned in the

Patna High Court Cr.Misc. No.1975 of 2017 (5) dt.06-03-2017 2/2 case diary, the police got his signature on a plain paper and prepared false confessional statement by misusing his power and as the said confessional statement is extra judicial confession and as such has got no value in the eye of law, the petitioner is in custody since 11.11.2016 and as such he deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail by submitting that on the basis of the mobile location the petitioner was apprehended and on the basis of his confessional statement the said Bolero was recovered though number of the Bolero which is mentioned in the seizure list differs.

In the facts and circumstances as stated above, at present I am not inclined to release the petitioner on bail and accordingly his such prayer stands rejected in connection with Barhat P.S. Case No. 53 of 2016 pending in the court of Sri N.K. Yadav, J.M. 1st Class, Jamui.

However, the petitioner may renew his prayer for bail after remaining six months in custody from the date of his remand. (Jitendra Mohan Sharma, J) Abhay/- U T