Bablu Rai @ Bablu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.10275 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10275 of 2017 Arising Out of PS.Case No. -420 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Bablu Rai @ Bablu Kumar Son of Shardanand Yadav resident of Village - Amhara, P.S.- Bihta, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Bihta P.S. Case No. 420 of 2016 registered for the offences punishable under Sections 414, 120B/34 of the Indian Penal Code.

Allegedly, Mukesh Kumar Verma was apprehended and from pick-up-van 2 and 1⁄2 quintal aluminum electric wire found loaded which was theft article and that Mukesh Kumar Verma stated the name of the petitioner that the petitioner used to sell aluminum.

Submission is of false implication and that only on the basis of confessional statement of co-accused the petitioner has been implicated, there is no material against the petitioner, the petitioner has got no concern with the alleged seized article. He is

Patna High Court Cr.Misc. No.10275 of 2017 (2) dt.10-03-2017 not the owner of the pick up van, he is a student and has appeared in Intermediate Exam and as such the petitioner having no criminal antecedent deserves sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering that name of the petitioner has come in the confessional statement of co-accused made before the Police and besides that there is no other material against the petitioner, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall 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 Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No. 420 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T