Patna High CourtCR. MISC./57864/2015bail granted

Chhotu Kumar v. The State Of Bihar

2016-03-09Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.57864 of 2015 (2) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57864 of 2015 Arising Out of PS.Case No. -13 Year- 2014 Thana -HARPUR District- MUNGER ====================================================== Chhotu Kumar Son of Kamleshwari Singh Resident of Village- Rampur, Etwa Nahar, Police Station- Sangrampur, District Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ratnakar Ambastha, Advocate. For the Opposite Party : Mr. A.Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Harpur P.S. Case No. 13 of 2014 for the offences instituted under Sections 457, 380 and 511 of the IPC.

As per the prosecution case that in the night of 13.07.2014 the informant was sleeping in his house and he heard hue and cry coming from near his shop and found that the shop was broken but none of the articles was stolen. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner is not named in the FIR. The name of the petitioner has come in course of the investigation on the basis of confessional statement of a co-

Patna High Court Cr.Misc. No.57864 of 2015 (2) dt.09-03-2016 accused. Except for that there is no other substantive piece of evidence to show the involvement of the petitioner in the present case.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R. and his name has come on the basis of the confessional statement of a co-accused. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Harpur P.S. Case No. 13 of 2014/GR No.1272 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T