Govind Das v. The State Of Bihar

Patna High Court Cr.Misc. No.30960 of 2016 (2) dt.09-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30960 of 2016 Arising Out of PS.Case No. -45 Year- 2008 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Govind Das, son of Kusai Das @ Kulai Das, Resident of VillageShobhan, P.S.- Simari, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.08.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 395 and 397 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation, one co- accused Mukesh Singh was arrested and made his confessional statement disclosing the involvement of the petitioner.

Petitioner was in jail custody in connection with Karja P.S. Case no. 65/2008 and accordingly, on the basis of the prayer made by the police, court below issued production warrant for production of the petitioner in the present case but the petitioner could be remanded in this case on 3.7.2015.

Learned counsel for the petitioner submits that the petitioner was in jail custody in connection with Karja P.S. Case no. 65/2008

Patna High Court Cr.Misc. No.30960 of 2016 (2) dt.09-08-2016 since the year 2010 and when he got acquitted in the aforesaid case, he was remanded in this case. It is further submitted that except confessional statement of co- accused, there is nothing against the petitioner.

So far para 3 of the petition is concerned, learned counsel for the petitioner points out that antecedent of the petitioner has not been mentioned in the aforesaid para as the petitioner had already been acquitted in two cases and the aforesaid fact has been pleaded by the petitioner at paras 11 and 12 of the petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Pupari, Sitamarhi in Bajpatti P.S. Case no. 45/2008. shahid (Hemant Kumar Srivastava,J) U T