Patna High CourtCR. MISC./35390/2020bail granted

Santosh Sahani v. The State Of Bihar

2021-01-12Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35390 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== Santosh Sahani Son of Ramakant Sahani Resident of Village-Kothia Hariram Pujahi Tola, P.S.-Maheshi, District-East Champaran. ... ... Petitioner/s

Versus

The State of Bihar Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-01-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Motipur P.S. Case No. 128 of 2019, disclosing offences punishable under Sections 379 and 356 of the Indian Penal Code. The petitioner was in custody in connection with Motipur P.S. Case No. 151 of 2019 registered for the offences punishable under Sections 399,402,413,414,120B of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. He has been taken on remand on 23.06.2020 in the present case on the basis of the confessional statement of a co-accused made during the course of investigation of Motipur P.S. Case No. 151 of 2019. In the present case, there is allegation that two miscreants snatched the informant's bag, containing some cash

Patna High Court CR. MISC. No.35390 of 2020(2) dt.12-01-2021 2/2 when he was travelling in a motorcycle.

Learned counsel appearing on behalf of the petitioner has submitted that the said confessional statement of co-accused is the only basis for petitioner's implication in the present case and that there is no question of recovery of any incriminating material from the petitioner's possession. He is in custody since 23.06.2020.

Considering the submission that the confessional statement is the only material against the petitioner and there is no recovery from the petitioner's possession, this application is allowed.

Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, West, Muzaffarpur in Motipur P.S. Case No. 128 of 2019.

(Chakradhari Sharan Singh, J) arun/- U