Mohan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23525 of 2016 Arising Out of PS.Case No. -252 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================
1. Mohan Chaudhary Son of Jageshwar Chaudhary @ Nageshwar Chaudhary Resident of village - Mainaki, P.S. Wazirganj, Distt. - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section395 of the Indian Penal Code and under Section-25of the Arms Act.
Petitioner is not named in the first information report but in course of investigation, the investigating officer got information that some persons were arrested by Aurangabad police and the aforesaid persons confessed their involvement in the present case. The investigating officer went to Aurangabad and collected the confessional statement of those persons, who were arrested by Aurangabad police.
It would appear from perusal of the impugned order
Patna High Court Cr.Misc. No.23525 of 2016 (3) dt.12-07-2016 2/2 that name of the petitioner came in confessional statement of coaccused, Guddu Kumar. Subsequently, the stolen article was recovered on the basis of disclosure made by co-accused Guddu Kumar. Therefore, it is apparent from the aforesaid fact that except confessional statement of co-accused, there appears to be nothing against the petitioner.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Khaira P.S. Case No. 252 of 2015 to the satisfaction learned Chief Judicial Magistrate, Jamui. (Hemant Kumar Srivastava, J) A.K.V./- U T