Karan Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39719 of 2024 Arising Out of PS. Case No.-1776 Year-2023 Thana- NAWADA District- Nawada ====================================================== Karan Dom, aged about 25 years, Male, Son of Kanhaiya Dom, R/O Vill.- Muslim Road, Nawada, P.S.- Nawada, Dist.- Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shankar Kumar, Advocate For the Opposite Party :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2024 This matter has been listed under the heading 'For Orders (on office notes)'.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks bail in connection with Nawada (Town) P.S. Case No. 1776 of 2023 dated 15.11.2023 for the offences punishable under Section 395 of the I.P.C. Later on, Sections 397, 412, 401 and 120B of the I.P.C. were also added.

4. As per the prosecution case, on 15.11.2023 at about 3.00 A.M., when the informant being the driver of the bus was coming alongwith the bus from Dhanbad to Bihar Shariff and as soon as he reached near the Sai Mandir, Gaya Road, Nawada, some unknown miscreants stopped the bus and on the point of

Patna High Court CR. MISC. No.39719 of 2024(3) dt.15-07-2024 2/3 pistol, looted the ornaments and cash of some of the passengers of the bus and thereafter they fled away.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is not named in the F.I.R. His name has sprung up in the present case during investigation on the basis of the confessional statement of the co-accused as well as self confession made before the police by the petitioner. The petitioner and other co-accused persons have been remanded in the present case on the basis of the confession made before the police from Nawada P.S. Case No. 1792 of 2023 in which one country made pistol was recovered from the possession of the petitioner and in which case he is on bail. The confessional statement made before the police has got no evidentiary value in the eye of law. No incriminating article has been recovered from the possession of the petitioner. The petitioner has two criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 19.01.2024.

6.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.39719 of 2024(3) dt.15-07-2024 3/3 the case as well as the period of custody, let the above named petitioner, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada in connection with Nawada (Town) P.S. Case No. 1776 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T