Sanjeet Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25820 of 2019 Arising Out of PS. Case No.-714 Year-2018 Thana- SUPAUL District- Supaul ====================================================== SANJEET RAY S/O Devlal Ray, R/O Village- Lonapur, P.S.- Mahnar, Distt.- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Goutam For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 17.12.2018 in connection with Supaul P.S. Case No. 714 of 2018 for offences punishable under Section 414 of the Indian Penal Code.

The prosecution case as lodged by the police personnel is that during patrolling duty, they intercepted a motorcycle in which three persons were riding. While two managed to flee away, petitioner was apprehended who revealed the names of co-associates and also revealed that the motorcycle

Patna High Court CR. MISC. No.25820 of 2019(2) dt.30-04-2019 2/3 was stolen one. The owner of the motorcycle also telephonically informed that his motorcycle had been stolen for which Mahnar P.S. Case No. 379 of 2018 has been lodged against unknown. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and the confessional statement before the police has no evidentiary value in the eye of law. He submits that the motorcycle was not stolen by him, he was just a passenger, he has been falsely implicated and is languishing in judicial custody since more than four months.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, materials on record, the period of custody as well as the fact that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the petitioner above named be enlarged on bail on furnishing 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, Supaul in connection with Supaul P.S. Case No. 714 of 2018, subject to the condition that one of the bailors would be close relative of

Patna High Court CR. MISC. No.25820 of 2019(2) dt.30-04-2019 3/3 the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) devendra/priyanka U T