Shatrudhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31647 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Shatrudhan Kumar, son of Late Nawal Ram, resident of Village- Barhari, P.S.- Chhabilapur, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar, Advocate For the Opposite Party/s : Mrs. Pronati Singh, APP CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 05.05.2017 in connection with Rajgir P.S. Case No. 101 of 2017 registered for the offence punishable under Sections 414/34 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that during course of checking, they received a secret tip-off that some stolen motorcycles have been put on sale by some persons. The police raided the place and apprehended the petitioner, while two other persons named by the petitioner, Sunny

Patna High Court Cr.Misc. No.31647 of 2017 (2) dt.12-07-2017 2/3 Kumar and Golu Kumar managed to flee away. Two motorcycles were recovered, but the petitioner could not provide any paper thereof. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, seizure-list also specifies that the two motorcycles were not found from the possession of the petitioner and that his confessional statement before the police has no evidentiary value in the eye of law, as it was made under coercion. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Nalanda at

Patna High Court Cr.Misc. No.31647 of 2017 (2) dt.12-07-2017 3/3 Biharsharif in connection with Rajgir P.S. Case No. 101 of 2017.

(Nilu Agrawal, J.) Arjun/- U T