Sonu Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41703 of 2016 Arising Out of PS.Case No. -212 Year- 2013 Thana -BHAGWAN BAZAR District- SARAN ====================================================== Sonu Kumar Giri Son of Sawaliya Giri, Resident of Village Kumna, P.S Kopa, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 379 of the Indian Penal Code. The prosecution case, in brief, is that the on the alleged date and time of occurrence one Hero Honda motorcycle of the informant, which was parked at the gate of Government Girls Higher Secondary School, Chapra, was stolen by some unknown persons.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner was apprehended in Jalalpur P.S. case No.145

Patna High Court Cr.Misc. No.41703 of 2016 (4) dt.13-12-2016 2/2 of 2013. The confessional statement of the petitioner was recorded in the said case. The petitioner has already been granted bail in the aforesaid case. In the present case he has been remanded on the basis of confession made in the earlier case. Except for the self confession of the petitioner, there is no other material to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. case No.212 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T