Patna High CourtCR. MISC./42766/2017bail granted

Rajdeo Kumar @ Nanhki @ Rajdeo Kumar Bind v. The State Of Bihar

2017-11-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42766 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Rajdeo Kumar @ Nanhki @ Rajdeo Kumar Bind S/o Bhim Prasad Bind, Resident of Village- Ujiar Tola, P.S. Ara Nagar District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Ara (M) P.S. Case No. 57 of 2017 dated 24.03.2017 instituted for the offences under Sections 392, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The brother of the informant was waylaid and killed. The money, which was in his possession, was also taken away. The implication of the petitioner in the present case, it has been argued, is on the basis of statement made by a spy that perhaps the petitioner had participated in the occurrence. After the arrest of the petitioner, his confession was recorded and one motorcycle was recovered on the pointing of the petitioner.

Learned counsel for the petitioner has submitted that motorcycle which has been recovered belongs to him and the story

Patna High Court Cr.Misc. No.42766 of 2017 (3) dt.27-11-2017 planted against him is absolutely false.

Taking into account the fact that the petitioner has not been identified and his implication in the case is only on the basis of confession made by him and that also after the statement given by a spy, this Court is inclined to grant bail to the petitioner. While saying so, the Court has also taken note of the fact that the petitioner does not bear any criminal antecedent and he is in custody since 05.04.2017.

In the facts and circumstances, the petitioner above named is directed to be released on bail on furnishing his bail bond of a sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara (M) P.S. Case No. 57 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T