Vidyapati Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29321 of 2015 Arising Out of PS.Case No. -102 Year- 2015 Thana -ITADHI District- BUXAR ====================================================== Vidyapati Singh S/o Ramyas Singh Resident of Village Parasi, P.S. Itarhi, District Buxar (Bihar).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Nityanand (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Case diary in the present case was called for which has since been received.

The petitioner is apprehending his arrest in connection with Itarhi P.S.Case No. 102 of 2015 registered under Sections 447, 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that sum and substance of the allegation is against one Pappu Singh, who is said to have entered into an altercation with the owner of the liquor shop. So far as the petitioner Vidyapati Singh is concerned, his name has surfaced in the confessional statement of the said Pappu Singh, which has been made before the police and the same has no evidentiary value.

Patna High Court Cr.Misc. No.29321 of 2015 (3) dt.05-10-2015 Learned counsel for the State after perusal of the case diary submits that there is free fight between the liquor shop owner and the said Pappu Singh, who has been demanding liquor at an unusual rate and pressurizing the informant into delivering the same to him. The petitioner's name has been surfaced only in the confessional statement of Pappu Singh and not otherwise.

Considering the aforementioned facts and circumstances and there is no cogent material so as to implicate the petitioner but for the confessional statement and that the petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender in the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Itarhi P.S.Case No. 102 of 2015 to the satisfaction of the Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) spal/- U