Patna High CourtCR. MISC./40452/2016bail granted

Sanjay Kumar v. The State Of Bihar

2016-09-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.40452 of 2016 (2) dt.30-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40452 of 2016 Arising Out of PS.Case No. -383 Year- 2016 Thana -KANKARBAGH District- PATNA ======================================================

1. Sanjay Kumar Son of Ramu Singh Resident of Fatehpur, Subhash tola, Police Station- Didarganj, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 30.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 461 and 379 of the Indian Penal Code.

Petitioner is not named in the first information report and his name surfaced in this case in course of investigation. Subsequently, petitioner is said to have made confessional statement leading to recovery of stolen articles from the house of co- accused Sanjay Sao and Ajay Sao.

Submission on behalf of the petitioner is that the petitioner being tempo driver carried the articles at the direction of the above stated co- accused persons and the same fact was disclosed by the petitioner before police but unfortunately, in stead of making him witness, police made the petitioner as accused in this case. Petitioner does not have any criminal antecedent and is

Patna High Court Cr.Misc. No.40452 of 2016 (2) dt.30-09-2016 languishing in jail custody since 19.6.2016.

Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Smt. Smita Raj, Judicial Magistrate, Patna/ concerned court in Kankarbagh P.S. Case no. 383/2016. shahid (Hemant Kumar Srivastava,J) U T