Raj Hansh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25094 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- NAUTAN District- Siwan ====================================================== Raj Hansh Sah Son of Ram Dhani Prasad @ Dhani Sah, Resident of Village - Gambhirpur, P.S.- Nautan, Distt.- Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-07-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Nautan P.S. Case No. 23 of 2018 registered for the offences punishable under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR, the name of the petitioner has transpired in confessional statement of the co-accused Niraj Kumar Bhagat, however, neither from the possession of Niraj Kumar Bhagat nor from the house of this petitioner any incriminating article has been recovered. It is submitted that prior to the present case the petitioner was never implicated in any criminal case but on the basis of confessional statement of the co-accused now the petitioner has also been made accused in

Patna High Court CR. MISC. No.25094 of 2019(3) dt.26-07-2019 2/2 Nautan P.S. Case No. 31 of 2018. Learned counsel submits that save and except the confessional statement there is no other material which may give any reason to believe that petitioner was involved in the alleged occurrence.

Learned A.P.P. for the State is present and has readout the case diary.

Considering the facts and circumstances of the case, wherein the implication of the petitioner is based on the confessional statement of the co-accused alone and there is no recovery of any incriminating article either from the co-accused or from this petitioner.

Let the petitioner above named, in case of his arrest or surrender within four weeks from today in connection with Nautan P.S. Case No. 23 of 2018, be released on bail on execution of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., XII, Siwan, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) vats/ved U T