Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46056 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -PATORI District- SAMASTIPUR ====================================================== Arbind Kumar, son of Nand Kishore Sah, Resident of Village - Jandaha Bazar, P.S.-Jandaha, Dist.-Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate. For the Opposite Party/s : Smt. Gulnar Begam, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Patory P.S. Case No. 57 of 2017 registered under Section 392 of the Indian Penal Code. Three motorcycle borne criminals are said to have looted cash of Rs. 85000/- and mobile from the petrol pump on the point of pistol.

It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor he was apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He was not put on T.I.P. His name has surfaced in the case only in the confessional statement made before the police which has no evidentiary value in the eye of law. He has been languishing in

Patna High Court Cr.Misc. No.46056 of 2017 (2) dt.20-09-2017 2/2 custody since 12.07.2017.

Considering the facts aforesaid, the above named petitioner 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 learned Chief Judicial Magistrate, Samastipur in connection with Patory P.S. Case No. 57 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T