Sonu Mian @ Takla v. The State Of Bihar

Patna High Court Cr.Misc. No.15745 of 2016 (2) dt.19-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15745 of 2016 Arising Out of PS.Case No. -624 Year- 2015 Thana -PHULWARI District- PATNA ======================================================

1. Sonu Mian @ Takla Son of Md. Mukhtar, Resident of Mohalla - Kalilpura P.S. Phulwari Dist.-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 395/397 of the Indian Penal Code.

Petitioner is not named in the first information report and it would appear from perusal of the impugned order that the name of the petitioner came in this case in the confessional statement of coaccused Teni Nut and subsequently, petitioner was remanded in this case.

Although Additional Sessions Judge has mentioned in the impugned order that some looted articles were recovered on the basis of disclosure made by the petitioner but learned counsel for the petitioner submits that the aforesaid finding of Additional Sessions Judge is nothing but only an error of record and, as a matter of fact, recovery was made on the basis of confessional statement of co-

Patna High Court Cr.Misc. No.15745 of 2016 (2) dt.19-04-2016 accused Teni Nut and so far as the petitioner is concerned, he was remanded in this case from another case and except the confessional statement of co- accused Teni Nut, there is nothing against the petitioner. It is also pointed out by him that co- accused Ravi Sharma, who is said to have been caught on the spot by the informant and others, has already been granted privilege of bail by a coordinate bench of this court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Miss Sheema Eram, Judicial Magistrate, Ist Class, Patna in Phulwari P.S. Case no. 624/2015. shahid (Hemant Kumar Srivastava,J) U T