Bablu Kumar Choubey @ Bablu Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28204 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Bablu Kumar Choubey @ Bablu Kumar Choudhary, son of Sri Jai Nandan Choubey, Resident of Village- Chhoti Marai, P.S.- Town, District- Vaishali .... .... Petitioner.

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned APP for State.

The petitioner is languishing in judicial custody since 0303.2018 in connection with Jandaha PS Case No. 35 of 2018 for offences punishable under Sections 392 of the Indian Penal Code, in which, subsequently, Sections 412 and 395 IPC was also added. The prosecution case as lodged by the informant is that he works in a brick kiln of one Mintu Kumar along with another staff Ratnesh Kumar. On the date of incident at 11 PM, some miscreants 4 in number, came on a Bolero car, tied them with rope and confined them in the room and took three tractors and two trailers along with mobile of the informant, his colleague and also the motorcycle. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has falsely

Patna High Court Cr.Misc. No.28204 of 2018 (2) dt.10-05-2018 been implicated in the present case. The petitioner is not named in the FIR his name surfaced only in the confessional statement of one Amarjeet Singh and in his own confessional statement, which has no evidentiary value in the eye of law. He submits that nothing has been recovered from his conscious possession and no TIP has been done so far.

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

Considering the facts and circumstances and materials on record, let the petitioner above named be enlarged on bail bond of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur in connection with Jandaha PS Case No. 35 of 2018, subject to the condition that the petitioner will cooperate in the investigation/trial and will provide all necessary information and appear before the police station/ Court as and when required. (Nilu Agrawal, J) A.K.V./- U T