Raj Verma @ Chhotan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3747 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Raj Verma @ Chhotan Kumar, S/o Sri Ramjee Singh, resident of Village - Nauhatta, P.S. Nauhatta, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Nauhatta P.S. Case No.94 of 2016 instituted for the offence under Section 392 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR. The name of this petitioner has come in the confessional statement of co-accused during investigation. No T.I.P. has been held.

As per the allegation in the written report while informant was going to Nauhatta Block two persons snatched his motorcycle and fled away towards Pahari.

The Sessions Judge has mentioned in the impugned order that the confessional statement of this petitioner has been recorded in paragraph 57 of the case diary. It has further been

Patna High Court Cr.Misc. No.3747 of 2017 (2) dt.09-02-2017 mentioned that on the confessional statement of co-accused the alleged motorcycle has been recovered from the house of one Ravi Mehta.

It has been submitted on behalf of the petitioner that no T.I.P. has been held in this case till today. From the order of Sessions Judge itself it appears that the alleged motorcycle was recovered from the house of coaccused Ravi Mehta. The petitioner is said to be in custody since 25.11.2016. It has been mentioned in paragraph 3 of the bail petition that the petitioner has no criminal antecedent. In the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 learned Judicial Magistrate1st Class, Dehri, District-Rohtas in connection with Nauhatta P.S. Case No.94 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. Arvind/- (Sanjay Priya, J) U T