Patna High CourtCR. MISC./35557/2019bail granted

Binod Bishwakarma v. The State Of Bihar

2019-08-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35557 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- KHAIRA District- Jamui ====================================================== BINOD BISHWAKARMA S/o- Brahmdeo Bishwakarma Resident of VillageMaango Bandar, P.S.- Khaira, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Khaira P.S. Case No. 227 of 2018 registered for the offence punishable under Section 394 of the Indian Penal Code. As per allegation in the FIR, the informant was robbed of his valuables by four accused persons, riding on two motorcycles. FIR was registered against four unknown persons. The name of the petitioner transpired in course of investigation on the confessional statement of co-accused.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner. There is no eye witness to the occurrence and the petitioner has not been put on TIP. The

Patna High Court CR. MISC. No.35557 of 2019(3) dt.28-08-2019 2/2 confessional statement made before the police has got no evidentiary value in the eye of law. Petitioner has no criminal antecedent and he is in custody since 06.11.2018. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that petitioner has no criminal antecedent and he is in custody since 06.11.2018, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 227 of 2018.

(Partha Sarthy, J) sushma/- U T