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Patna High CourtCR. MISC./28371/2017bail granted

Chhabindra Singh @ Panjabi Singh v. The State Of Bihar

2017-07-13Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28371 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -CHAUSA District- MADHEPURA ====================================================== Chhabindra Singh @ Panjabi Singh, son of Late Babujan Singh, resident of Village- Muraut, P.S.- Alamnagar, District- Madhepura. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

13-07-2017 Heard Sri Alok Kumar Singh, learned counsel for the petitioner and Sri Atul Chandra, learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Chousa P.S. Case No. 234 of 2016 registered for offence under Sections 399, 402 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that petitioner has been implicated on the alleged confession of one of the accused, who was arrested near his own door by the police and it was alleged that arrested accused alongwith other seven accused persons including petitioner had assembled for preparing to commit dacoity and from the place near the door of

Patna High Court Cr.Misc. No.28371 of 2017 (2) dt.13-07-2017 2/2 the arrested person, one motorcycle was recovered and from the dicky of the motorcycle, two bottles of Indian make foreign liquor containing 180 ml. each was recovered. According to learned counsel for the petitioner, only on the basis of confessional statement of one of the co-accused, the petitioner has been made accused.

Considering the fact that petitioner has been made accused only on the basis of confession of accused as well as the fact petitioner is having clean antecedent mentioned in paragraph - 3 of the petition, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Chhabindra Singh alias Panjabi Singh 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 learned Sub Divisional Judicial Magistrate, Udakishunganj, District - Madhepura in connection with Chousa P.S. Case No. 234 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) Anay U T