Patna High CourtCR. MISC./12258/2017bail granted

Sunil Patel v. The State Of Bihar

2017-04-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12258 of 2017 Arising Out of PS.Case No. -289 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sunil Patel, Son of Thag Patel, resident of village - Siswa, P.S. Raxaul, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner seeks bail in Raxaul P.S.Case No.289/15 registered under Section 387 of I.P.C. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation it has come that mobile which was used for demanding rangdari was of Rajesh Sah. Later on police recorded confessional statement of co-accused Ramesh Kumar as detailed in paragraph 26 of the case diary who disclosed the name of this petitioner at having hand in the present case and thereafter police recorded the confessional statement of this petitioner as detailed in

Patna High Court Cr.Misc. No.12258 of 2017 (4) dt.06-04-2017 2/2 paragraph 52 of the case diary except the confessional statement there is nothing against the petitioner to show his complicity in case. Further submission is that while the petitioner is accused in two cases but he has been acquitted and he is in custody since 10.02.2016 in the present case.

Having regard to the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M., Raxaul at Motihari, East Champaran, in Raxaul P.S. Case No.289/15. One of the bailers must be his close relative.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U