Vimal Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7527 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -SHRIKRISHNAPURI District- PATNA ======================================================
1. Vimal Kishore Singh, Son of Harbansh Singh, resident of MohallaPakari, Ara, P.S.- Nawada, District- Bhojpur at Ara. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 The petitioner is apprehending his arrest in connection with S.K. Puri P.S. Case No. 04 of 2016, registered for offences punishable under Sections 392 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner has not been named in the F.I.R but during the course of investigation petitioner's name has been dragged in this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner. Heard learned A.P.P. and learned counsel for the informant, they have opposed the prayer for bail. Having heard both sides, from perusal of the impugned order, it appears that petitioner's name has come in this case on the basis of confessional statement of co-accused, however, it also
Patna High Court Cr.Misc. No.7527 of 2017 (2) dt.23-02-2017 2/2 appears that CDR of mobile phone of the petitioner shows he was present at the place of occurrence and has also talked with other co-accused of this case.
In such view of the matter, the petitioner is directed to surrender before the Court below and the Court below will consider the materials available on record and if it is found that save and except confessional statement, there is nothing against the petitioner, shall enlarge the petitioner on bail, otherwise he is free to pass any order as he deems fit.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) sunil/- U T