Karan Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52247 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Karan Srivastava son of Rajesh Kumar Srivastava Resident of MohallaAnjanpeer, P.O.- Hajipur, P.s. Town Hajipur, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Jain For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-12-2015 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Sadar P.S. Case No. 20 of 2015 for the offences registered under section 392 of the Indian Penal Code.

The prosecution case in brief is that the informant alleged that on 12.1.15 at about 08.15 P.M. while he was returning to his home three motorcycle borne miscreants stopped him on the point of pistol and snatched his motorcycle, mobile, bag and fled away.

It has been submitted by the counsel for the petitioner that he has clean antecedent as is evident from paragraph three of this petition. It has further been submitted that

Patna High Court Cr.Misc. No.52247 of 2015 (2) dt.11-12-2015 2/2 on the confessional statement of another co-accused namely Baban Alam the name of the petitioner has surfaced. Furthermore it is submitted that there is previous dispute between the parties regarding land and the petitioner has been falsely implicated in this case and a coordinate Bench of this Court has already granted privilege of bail to the co-accused Baban Alam in Cri. Misc. No. 33557 of 2015 on 20.08.2015. The confessional statement of coaccused has no evidentiary value in the eye of law. In such circumstances, let the petitioner namely Karan Srivastava in the event of his arrest surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sadar P.S. Case no. 20 of 2015, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Nilu Agrawal, J) M.Rahman/- U T