Jugal Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23688 of 2016 Arising Out of PS.Case No. -344 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== Jugal Ravidas, son of Rajendra Ravidas, Resident of village- Mandal, P.S.- Khizarsarai, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Smt. Sucheta Yadav, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Khizersarai P.S. Case No. 344/15, G.R. No. 6219/15 for offences alleged under Section 414 of the Indian Penal Code. The allegation is that apprehended co-accused persons disclosed the name of the petitioner and on the basis of that, house of the petitioner was raided, stolen motorcycle bearing changed number BR 21H 5863 was seized and seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he has been falsely implicated in the aforesaid case, nothing incriminating has been recovered from his conscious

Patna High Court Cr.Misc. No.23688 of 2016 (3) dt.05-08-2016 2/2 possession and only on the basis of confessional statement of the apprehended co-accused name of the petitioner has surfaced. He submits that the petitioner has no criminal history, as is evident from paragraph 3 of this petition and there is no allegation against the petitioner that he indulged in such offence as he was a bonafide purchaser of the said motorcycle.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the confessional statement of a co-accused has no evidentiary value in the eye of law, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 Additional Chief Judicial MagistrateIII, Gaya, in connection with Khizersarai P.S. Case No. 344/15, G.R. No. 6219/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T