Sanjeev Kumar @ Tinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21255 of 2017 Arising Out of PS.Case No. -99 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Sanjeev Kumar @ Tinku, Son of late Shankar Singh, Resident of VillageKhalispur, P.S. Sarairanjan, District Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Sevak Choudhary, Advocate For the Opposite Party : Mr. Matloob Rab, (APP-34) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No. 99 of 2016, registered for the offences punishable under Sections 392, 395, 412 of the Indian Penal Code.

Allegedly, four persons on two motorcycle put pistol upon the informant, forcibly took out key of dicky and took out plastic dabba containing jewelry and also took away his money purse, ATM cards, PAN cards, driving license and cash of Rs. 6000/- and fled away with motorcycle.

Submission is of false implication and that there is no legal and tangible material against the petitioner, his name has

Patna High Court Cr.Misc. No.21255 of 2017 (3) dt.04-07-2017 2/2 transpired in the confessional statement of co-accused which has got no evidentiary value in the eye of law and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the name of the petitioner has come in the confessional statement of Rajesh Sahni vide para 38 of the case diary and further confessional statement of Birju Sahni vide para 79 of the case diary.

In the facts and circumstances as stated above, considering that besides confessional statement there is no other legal material against the petitioner and, as such, the petitioner in the event 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 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur P.S. Case No. 99 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T