Patna High CourtCR. MISC./52933/2016allowed

Chhotelal Sah v. The State Of Bihar

2017-02-13Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.52933 of 2016 (3) dt.13-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52933 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -PARWATTA District- KHAGARIA ======================================================

1. Chhotelal Sah Son of Akkala Sah Resident of Village-Kulharia, P.S Parbatta, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 07.09.2016 in connection with Parbatta P.S. Case No. 41 of 2015/G.R. No. 202 of 2015 registered under Sections 394 of the Indian Penal Code.

Accusation is of loot of Rs. 500 and a mobile set. Learned counsel for the petitioner has submitted that the entire F.I.R. has been lodged against unknown persons. Merely on the confession of co-accused, Md. Rijwan, this petitioner has been implicated in this case, which has no evidentiary value in the eye of law. Nothing incriminating has been recovered from the possession of the petitioner nor any T.I.P. has been held till date and the petitioner is custody for the last four months. Moreover, co-accused, Md. Jubair and Md. Khurshid, have already been granted anticipatory bail by a co-

Patna High Court Cr.Misc. No.52933 of 2016 (3) dt.13-02-2017 ordinate Bench of this Court in Cr. Misc. No. 3248 of 2016. Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Khagaria in connection with Parbatta P.S. Case No. 41 of 2015.

(Arvind Srivastava, J) brajesh/- U T