Ramjee Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12383 of 2016 Arising Out of PS.Case No. -318 Year- 2015 Thana -SHERGHATI District- GAYA ======================================================

1. Ramjee Manjhi, Son of Mahabir Manjhi, Resident of VillageKhapanchak (Sosari), P.S.- Gurua, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rashid Izhar For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 395, 412 and 414 of the I.P.C Allegedly, Truck No. WB-37C/7996 loaded with the plastic tables and chairs of Supriya Company were looted away after confining the driver-informant and further the driver was kept in a house, the owner of the said house was wearing a T-shirt of Bol Bum whereon Bihari Paswan of village- Baluhara Gurua was written. During investigation Bihari Paswan was apprehended and that T-shirt was recovered from his possession and on the basis of his confessional statement other co-accused including the petitioner were apprehended and from the house of the petitioner looted plastic tables and chairs of Supriya Company were

Patna High Court Cr.Misc. No.12383 of 2016 (4) dt.19-05-2016 2/2 recovered.

Submission is of false implication and that the confessional statement of the co-accused made before the police has got no evidentiary value in the eye of law, the alleged search and seizure were not made as per the provision of law, there is no signature of the petitioner on the seizure list, and the petitioner has not been put on the test identification parade and as such he deserves sympathetic consideration, to which the learned A.P.P. seriously opposes.

In the facts and circumstances as stated above, considering the alleged recovery of the looted articles from the house of the petitioner which he has taken on rent, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Sherghati (Dobi) P.S. Case No. 318 of 2015/ G.R. No. 1810 of 2015 pending in the court of A.C.J.M. Sherghati, Gaya.

However, let the trial be expedited and concluded preferably within a period of nine months from the date of receipt/production of a copy of this order.

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