Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19361 of 2019 Arising Out of PS. Case No.-86 Year-2018 Thana- AURAI District- Muzaffarpur ====================================================== Bittu Singh Son of Ganesh Singh Resident of Village - Kauama, P.S.- Piprahi, District - Seohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Aurai PS case no. 86 of 2018 registered for the offence punishable under Sections 392, 395, 397/34 of Indian Penal Code.

The allegation is regarding the Scorpio vehicle having been looted by miscreants and subsequently when the petitioner was remanded in the present case from another case, he has been implicated in the present case on the basis of his confessional statement.

The learned counsel for the petitioner submits that neither any recovery has been made from the possession of the petitioner nor the petitioner has been apprehended from the

Patna High Court CR. MISC. No.19361 of 2019(2) dt.05-04-2019 2/2 spot and infact, only on the basis of his confessional statement, which is not admissible in evidence, the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is an accused in one other case in which, he is on bail. The petitioner is said to be languishing in custody since 28.01.2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Muzaffarpur in connection with Aurai PS case no. 86 of 2018. (Mohit Kumar Shah, J) rinkee/- U T