Munna Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.22540 of 2016 (2) dt.05-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22540 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -WEST CHAMPARAN GRP CASE DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Munna Singh S/o Late Amar Singh Resident of Village- Gopalpur Agrawa, Mohalla Beside Zila School, P.S.- Motihari Town, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sugauli G.R.P. Case No. 37 of 2015 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code. The petitioner is not named in the first information report which is against 7-8 unknown miscreants who have committed dacoity in train. During investigation name of the petitioner transpires in the confessional statement of co-accused Santosh Sah and Basuki Nath Paswan and further the petitioner has also confessed his guilt and from call details report it reveals that tower location of the mobile of the petitioner was near the place of occurrence.

Submission is of false implication and that the petitioner

Patna High Court Cr.Misc. No.22540 of 2016 (2) dt.05-07-2016 is in custody since 25.01.2016 but he has not been put on test identification parade, nothing has been recovered from possession of the petitioner, the alleged confessional statement made before the Police has got no evidentiary value in the eye of law, the petitioner has been made victim of Police atrocities, the petitioner has got no criminal antecedent and as such he deserves sympathetic consideration to which the learned APP submits that the petitioner has also confessed his guilt.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Railway, Bettiah, West Champran in connection with Sugauli G.R.P. Case No. 37 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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