Patna High CourtCR. MISC./48313/2016bail granted

Raushan Kumar v. The State Of Bihar

2017-01-12Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.48313 of 2016 (2) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48313 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================

1. Raushan Kumar Son of Arvind Singh Resident of village- Naula, P.S. Bhagwanpur, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.01.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 364A/34 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation, I.O claimed the involvement of the petitioner in the present crime only on two grounds. Firstly, co- accused confessed his guilt disclosing the name of the petitioner and secondly, some call details of the petitioner and other accused were collected but submission on behalf of the petitioner is that paragraphs referred by Addl. Sessions Judge in the impugned order do not connect the petitioner in the present crime which has specifically been pleaded at para 13 of the petition and so far as confessional statement of coaccused is concerned, same has got no evidentiary value. It is further submitted that moreover, some co-accused have already been granted

Patna High Court Cr.Misc. No.48313 of 2016 (2) dt.12-01-2017 privilege of bail by a bench of this court.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that petitioner does not have any criminal antecedent and investigation against him has already been completed, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Manjhaul, Begusarai in Cheriya-Bariyarpur P.S. Case no. 84/2016.

shahid (Hemant Kumar Srivastava,J) U T