Ajit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26308 of 2017 Arising Out of PS.Case No. -180 Year- 2016 Thana -NAUTAN District- SIWAN ======================================================

1. Ajit Kumar Singh Son of Chhathu Singh, Resident of VillageGambhirpur, P.S.- Nautan, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 08.03.2017 in connection with Nautan P.S. Case No. 180/16 for offences punishable under Section 379 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that after attending a meeting while he was proceeding on his motorcycle, stopped for natural call and on turning he found two persons fleeing away with his motorcycle in which in the dickey some documents and cash was kept.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and it is only on the basis of subsequent case

Patna High Court Cr.Misc. No.26308 of 2017 (2) dt.06-07-2017 2/2 bearing Nautan P.S. Case No. 14/17 and his own extra judicial confession before the police, which has no evidentiary value in the eye of law, that he has been made accused. He submits that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Be that as it may, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Siwan, in connection with Nautan P.S. Case No.180/2016, subject to the condition that one of the bailors would be a close relative of the petitioner, who would have sufficient immovable property within the jurisdiction of the concerned police station and will file an affidavit showing his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T