Patna High CourtCR. MISC./46294/2016bail granted

Ajay Musahar @ Kalendra Musahar v. The State Of Bihar

2016-12-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46294 of 2016 Arising Out of PS.Case No. -249 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Ajay Musahar @ Kalendra Musahar son of Laxman Musahar resident of village Telara P.S. Sheosagar District Rohtas at present resident of village Navanagar P.S. Ramgarh, District Bhabua (Kaimur). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nand Kumar, Advocate.

For the Opposite Party : Mr. Rajballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2016 Heard both sides.

The petitioner seeks bail in Mohania P.S. Case No. 249 of 2015, registered for the offences punishable under Section 394 of the Indian Penal Code.

The petitioner is not named in the FIR. The informant alleged that unknown criminals assaulted him and fled away with his motorcycle.

Learned counsel for the petitioner submits that the petitioner was apprehended on suspicion and the police took his confessional statement but the petitioner was not put on test identification parade nor the looted motorcycle was recovered from possession of the petitioner. The petitioner is in jail since 06.04.2016.

Patna High Court Cr.Misc. No.46294 of 2016 (4) dt.20-12-2016 2/2 Considering the facts aforesaid and the fact that save and except confession of the petitioner before the police and petitioner has not been put on test identification parade nor any article was recovered from possession of the petitioner, the petitioner above named is directed to be enlarged 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 Chief Judicial Magistrate, Kaimur at Bhabua in Mohania P.S. Case No. 249 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T