Patna High CourtCR. MISC./22504/2017bail granted

Sittu Das v. The State Of Bihar

2017-07-06Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.22504 of 2017 (3) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22504 of 2017 Arising Out of PS.Case No. -637 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Sittu Das Son of Gauri Das @ Gauri Shankar Das, Resident of MohallaNaya Tola, Parbatti, P.S.- University, District- Bhagalpur..... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner apprehends his arrest in connection with Kotwali (Barari) P.S. Case No. 637 of 2016 registered for the offence punishable under Section 395 of the Indian Penal Code. Allegedly, 24 Batteries have been stolen away from the premises of Bihar State Road Transport Corporation, Bhagalpur and during investigation the name of the petitioner transpired in the confessional statement of Jangali Sah and Deepak Das. Submission is of false implication and that the confessional statement made before the Police has got no evidentiary value in the eye of law and besides the confessional statement there is no other legal material against the petitioner. Deepak Das has already been allowed regular bail, another co-

Patna High Court Cr.Misc. No.22504 of 2017 (3) dt.06-07-2017 accused has also been allowed regular bail and the petitioner without any fault is apprehending his arrest. Learned APP submits that the name of the petitioner transpired in the confessional statement of co-accused. In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 637 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T