Bhaiya Ram @ Birendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7206 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Bhaiya Ram @ Birendra Ram, Son of Late Raj Nath Ram, resident of Vill.- Agini, P.S.- Nasriganj, District- Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the State. Petitioner is languishing in judicial custody since 13.11.2016 in connection with Nasiriganj P.S. Case No. 182 of 2016 for offence alleged under Sections 392 and 411 of the Indian Penal Code.
The prosecution case is that while the informant was returning after collecting money of S.K.S micro finance company two persons stopped his motor cycle and on point of katta looted Rs. 40,000/- along with Tab and mobile. Also they fled away along with his motorcycle.
It has been submitted by the learned counsel for the petitioner that he has no criminal antecedent and has falsely been implicated in the present case on the basis of confessional
Patna High Court Cr.Misc. No.7206 of 2017 (2) dt.06-03-2017 2/2 statement of one Wajul Haque who has since been granted privilege of bail by a coordinate Bench of this court in Cr. Misc. No. 9222 of 2017 on 28.02.2017. It has further been submitted that confessional statement of co-accused has no evidentiary value in the eye of law. He further submitted that nothing has been recovered from his conscious possession and recovery has been made from other co-accused.
However, learned A.P.P. for the State opposes the prayer for bail.
Be that as it may, considering the facts and circumstances of the case and from materials available on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Nasariganj P.S. Case No. 182 of 2016 subject to the condition that the petitioner shall appear before the Court below on each and every date and failure to appear on two consecutives dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Prakash/- U T