Prince Singh @ Alok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37954 of 2020 Arising Out of PS. Case No.-254 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== PRINCE SINGH @ ALOK SINGH S/o Nawal Kishore Singh R/o VillageVura, P.S.- Basantpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2021 Heard both sides through video conferencing.

The petitioner apprehends his arrest in Bhagwanpur P.S. Case No.254 of 2018 registered under Section 379 of the Indian Penal Code.

The informant registered the case against unknown for the theft of his motorcycle. During the course of investigation, one Vicky Kumar was apprehended and he is said to have disclosed in his confessional statement that he along with the petitioner committed theft of the motorcycle of the informant.

The learned senior counsel for the petitioner submits that motorcycle has not been recovered. On mere confessional statement of co-accused, the petitioner has been made accused although there is no other material to show the involvement of

Patna High Court CR. MISC. No.37954 of 2020(2) dt.02-07-2021 2/2 the petitioner.

Taking into consideration the fact that save and except the confessional statement of co-accused the investigating officer did not collect any tangible evidence against the petitioner, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri A.K.Tripathi, learned J.M. 1st Class, Siwan in connection with Bhagwanpur P.S. Case No.254 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T