Patna High CourtCR. MISC./39718/2017bail granted

Sanjay Pandit v. The State Of Bihar

2017-08-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39718 of 2017 Arising Out of PS.Case No. -211 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Sanjay Pandit Son of late Sukhal Pandit Resident of Village- Khem Matihaniya, P.S.- Bishambharpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Sager Sharma For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2017 Heard the learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Gopalganj P.S. Case no. 211 of 2017 registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. Four motorcycle borne miscreants are said to have looted a bag containing Rs. 1,11,000/- from the Hero Honda Agency on the point of firearm.

It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has been apprehended in this case during the investigation of police merely on tip off given by the spy. He was not put on T.I.P. Though, during the

Patna High Court Cr.Misc. No.39718 of 2017 (2) dt.21-08-2017 2/2 investigation of the case, the police has recorded his confessional statement, but the said confessional statement has no evidentiary value in the eye of law. He has been languishing in custody since 17.06.2017. He has no criminal antecedent.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M. Gopalganj in connection with Gopalganj P.S. Case no. 211 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T