Siyaram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6334 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Siyaram Singh S/o Tarni Singh, Resident of Village- Mahadevpur, Mahadeva, P.S. Rajgir, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-03-2017 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 395 and 412 of the I.P.C Allegedly, dacoity was committed in the house of the informant by unknown 7-8 dacoits in which gold, silver ornaments and cash etc. were looted away. During investigation the petitioner was apprehended and he confessed his guilt and on the basis of his confessional statement looted silver Pyle was recovered. Submission is of false implication and that in this case co-accused Suraj Kumar and Rajesh Kumar @ Loha Singh have

Patna High Court Cr.Misc. No.6334 of 2017 (2) dt.20-03-2017 2/2 already been allowed bail and as such the petitioner also deserves sympathetic consideration, the petitioner is suffering in custody since 02.08.2016 but he has not been put on the test identification parade and besides the confessional statement there is no other legal and tangible material.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail of the petitioner by submitting that on the basis of confessional statement of the petitioner looted silver Pyle was recovered and further the petitioner has suppressed the criminal antecedent as he has disclosed only about two cases, whereas, he is involved in five cases.

In the facts and circumstances as stated above, considering the criminal antecedent of the petitioner and further the alleged recovery, I am not inclined to release the petitioner on bail and accordingly his such prayer stands rejected at this stage in connection with Rajgir P.S. Case No. 137 of 2016 pending in the court of A.C.J.M. IV, Biharsharif, Nalanda.

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