Raj Kishor Patel @ Langra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6128 of 2017 Arising Out of PS.Case No. -547 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Raj Kishor Patel @ Langra, son of Late Ganga Prasad, resident of VillageDhiberipar, Police Station- Parbalpur, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 Heard the parties.

This application has been filed in connection with Hilsa P.S.Case No.547 of 2015 for the offence under Sections 13, 16, 18 of U.A.P. Act and Section 17 of C.L.A. Act.

It is submitted on behalf of the petitioner that except the confessional statement, there is nothing against the petitioner and he is in custody for about 04 months. So far criminal antecedent of the petitioner is concerned, it is submitted that earlier he had been named in only three cases but later on, rest of the cases have been lodged against the petitioner on the basis of suspicion or confessional statement of the other co-accused persons before the only.

Heard learned A.P.P. also, who also could not controvert this fact that except the confessional statement, there is nothing against the petitioner.

Patna High Court Cr.Misc. No.6128 of 2017 (3) dt.27-02-2017 2/2 Having heard both sides. No doubt the petitioner is accused in 07 other cases but in the present case, on the basis of confessional statement of other co-accused before the Police, he has been made accused and except that, there is nothing against the petitioner.

Considering the fact that he is in custody for more than four months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa, Nalanda in connection with Hilsa Police Station Case No.547 of 2015.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U