Patna High CourtCR. MISC./39845/2016bail granted

Brij Bihari Kumar v. The State Of Bihar

2016-12-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39845 of 2016 Arising Out of PS.Case No. -193 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Brij Bihari Kumar Son of late Shiv Nath Sah Resident of Village: Raghunathpur, Police Station: Turkaulia, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Ranjan For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2016 Heard both sides.

The petitioner seeks bail in Motihari Town P.S. case No. 193 of 2016 under Section 394 of the Indian Penal Code, under Section 27 of the Arms Act and under Section 3⁄4 of Explosive Substance Act.

The petitioner is not named in the FIR. No looted article was recovered from the possession of the petitioner. The petitioner was apprehended in Town P.S. case No. 198 of 2016 registered under Section 414 of the IPC and under Section 25(1-b) A/ 26 of the Arms Act. The petitioner is said to have confessed before the police and on the basis of which the petitioner was remanded in this case on 22.04.2016. Save and except so called

Patna High Court Cr.Misc. No.39845 of 2016 (3) dt.01-12-2016 2/2 confessional statement of the petitioner the I. O. did not collect any sorts of material showing involvement of the petitioner in the present case nor he was put on T. I. parade. The petitioner is in jail since 22.04.2016 without any specific evidence to show the involvement of petitioner.

Considering the facts aforesaid and the nature of allegation made against the petitioner, 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, East Champaran at Motihari in Motihari Town P.S. Case No. 193 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T