Anil Nayak v. The State Of Bihar

Patna High Court Cr.Misc. No.36528 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36528 of 2017 Arising Out of PS.Case No. -186 Year- 2017 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Anil Nayak Son of Bhima Nayak Resident of Pujarali Tanda Post Pujarali, Police Station- Bellari District- Bellari (Karnatak). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Smt. Sudha Ambastha For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 06.04.2017 in connection with Gandhi Maidan P.S. Case No. 186 of 2017, G.R. No. 2246 of 2017 for offence punishable under Section 382 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had gone to the hotel by his motorcycle for having dinner and on coming back he saw that his motorcycle was being taken away by two un-known persons and one person was showing knife to the informant. Thereafter, he entered into the hotel and again came out with manager of the hotel and found his motorcycle missing.

Patna High Court Cr.Misc. No.36528 of 2017 (2) dt.19-08-2017 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and not named in the FIR. It has been stated that on the confessional statement of the petitioner as well as co-accused before the police, which has no evidentiary value in the eye of law, he has been made accused. He further submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner However, learned APP for the State opposes the prayer for bail stating therein that the informant has identified the petitioner in test identification parade and the motorcycle has also been recovered.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail after completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-cum-Sub-Judge VI, Patna in connection with Gandhi Maidan P.S. Case No. 186 of 2017, G.R. No. 2246 of 2017.

(Nilu Agrawal, J) sushma/- U T