Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17634 of 2022 Arising Out of PS. Case No.-382 Year-2019 Thana- PATNA GRP CASE District- Patna ====================================================== SANJEET KUMAR Son of Late Munna Lal Resident of Village - Durukhi Gali, P.s.- Pirbahore, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Krishan Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-02-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 414 of the Indian Penal Code, registered in connection with Patna Junction (Patna Sahib) Rail P.S.Case No. 382 of 2019.

As per allegation, the police apprehended a person from the over-bridge of railway station carrying a bag. A number of articles were recovered from his bag, alleged to be stolen one. That person disclosed his name as Pawan Yadav @

Patna High Court CR. MISC. No.17634 of 2022(4) dt.08-02-2023 2/3 Lalan Yadav and in his confessional statement the name of the petitioner has figured.

The learned counsel for the petitioner has submitted that the confessional statement of co-accused was recorded after nine days of the occurrence. By drawing my attention towards Annexure-2, which is a copy of the confessional statement of co-accused Pawan Yadav @ Lalan Yadav, he has submitted that the name of the petitioner has been mentioned after overwriting, which shows that it was nothing but an afterthought. The petitioner was not arrested at the spot. Nothing was recovered from his possession and his name was added in the confessional statement of co-accused by overwriting.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 learned Railway Magistrate, Patna in connection with Patna Junction (Patna Sahib) Rail P.S.Case No. 382 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by

Patna High Court CR. MISC. No.17634 of 2022(4) dt.08-02-2023 3/3 the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T