Akash Kumar Gupta @ Akash Kr. Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53823 of 2017 Arising Out of PS.Case No. -192 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Akash Kumar Gupta @ Akash Kr. Gupta, Son of Pradeep Kumar Gupta, Resident of Mohalla - Kamalnath Nagar, Police Station - Bettiah Town, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sugauli P.S. Case No. 192 of 2017 registered under Sections 413, 414 and 420 of the Indian Penal Code.

A looted motorcycle and instrument meant for breaking the lock of the motorcycle are said to have been recovered from the possession of the petitioner as well as accused Sachin Kumar.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather it was recovered from the possession of Sachin Kumar. Said Sachin

Patna High Court Cr.Misc. No.53823 of 2017 (2) dt.09-11-2017 2/2 Kumar has confessed his guilt in the occurrence naming the petitioner also in the occurrence, but said confessional statement recorded by police has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 13.06.2017. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No. 192 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T