Aryan Kumar @ Murlidhar v. The State Of Bihar

Patna High Court Cr.Misc. No.55154 of 2016 (4) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55154 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -MATIHANI District- BEGUSARAI ====================================================== Aryan Kumar @ Murlidhar, son of Sri Pappu Singh, resident of VillageBalahpur, P.S.- Nayagaon, Dist- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Chandra Jha, Adv. For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2017 Heard both sides.

The petitioner seeks bail in Matihani P.S. Case No. 78/2016, registered for the offences punishable under Section 392 of the Indian Penal Code.

The informant lodged this case against unknown for looting his motorcycle.

Learned counsel for the petitioner submits that during the course of investigation, the petitioner and other accused persons were apprehended for which Matihani P.S. Case No. 79/2016 was registered. The petitioner is said to have confessed his guilt before the police, but save and except confession no material has been collected against the petitioner. Similarly situated co-accused Gulsan Kumar has already been enlarged on

Patna High Court Cr.Misc. No.55154 of 2016 (4) dt.10-03-2017 bail vide order dated 06.10.2016 passed in Cr. Misc. 42558/2016. The petitioner is in jail since 22.08.2016.

The learned A.P.P. however opposed the prayer for bail, but it appears that the petitioner along with other accused persons were arrested during the course of investigation for which Matihani P.S. Case No. 79/2016 was registered and thereafter, the police recorded the confessional statement of the petitioner, but the looted motorcycle was not recovered. Similarly situated coaccused has been granted bail. Considering the facts aforesaid, the petitioner abovenamed, 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 Judicial Magistrate Ist Class, Begusarai in connection with Matihani P.S. Case No. 78/2016. (Prabhat Kumar Jha, J.) Vinita/- U T