Lakhindra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48489 of 2015 Arising Out of PS.Case No. -294 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lakhindra Sah S/o Rajvanshi Sah R/o village - Shankar Sariya, Rama Singh Tola, P.S. Turkaulia, Distt. - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Kumar Mishra For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-01-2016 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 Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not named in the First Information Report nor was the motor-cycle recovered from his possession. The petitioner's name subsequently surfaced on the basis of confessional statement made by one of the co-accused persons before the Police which has no evidentiary value. He submits that in another case with regard to the theft of his own motor-cycle, the petitioner has been made an accused. Save and except the said, there is no other material

Patna High Court Cr.Misc. No.48489 of 2015 (2) dt.25-01-2016 P2/2 against this petitioner.

Considering the aforementioned facts and circumstances, let the petitioner abovenamed, in the event of 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 each amount to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motiahri Town P.S. Case No. 294 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T