Patna High CourtCR. MISC./27612/2017bail granted

Jamuna Kumar v. The State Of Bihar

2017-07-13Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27612 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -BARAUNI RAIL P.S. District- BEGUSARAI ======================================================

1. Jamuna Kumar son of Kant Mahto, Resident of Village- Simariya Ghat Bind Toli, P.S.- Chakia ( Barauni), District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that though there is no recovery from his possession, the name of the present petitioner was taken by the person who was apprehended at the place of occurrence and, therefore, he is apprehending his arrest. Considering the fact that the petitioner cannot be prosecuted on the basis of the statement made by the co-accused as the same has no evidentiary value and also because the petitioner is a man of fair antecedent, let the petitioner abovenamed, in the event of

Patna High Court Cr.Misc. No.27612 of 2017 (2) dt.13-07-2017 P2/2 his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Railway, Barauni in connection with Barauni Rail P.S. Case No. 13/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T