Aditya Kumar @ Guljari v. The State Of Bihar

Patna High Court Cr.Misc. No.3310 of 2017 (2) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3310 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Aditya Kumar @ Guljari, Son of Arvind Prasad Singh, Resident of Village- Dhanaur, P.S. Katra, District- Muzaffarpur..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shishir Kumar For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Supplementary affidavit has been filed on behalf of the petitioner which has been taken on record.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 213 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, two motorcycle borne miscreants after showing firearms snatched bag from the informant containing cash of Rs. 1,50,000/-. The informant has given description of miscreants. During investigation the petitioner was apprehended and he confessed his involvement in this case as well as in other cases. The petitioner has been remanded in this case on 23.09.2016 and since then he is in custody.

Submission is of false implication and that the petitioner

Patna High Court Cr.Misc. No.3310 of 2017 (2) dt.20-02-2017 has not been put up on test identification parade, he is not named in the FIR and nothing has been recovered from his conscious possession and only on the basis of confessional statement he is suffering in custody, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned APP submits that the petitioner has confessed his guilt.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of 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, Muzaffarpur in connection with Ahiyapur P.S. Case No. 213 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T