Chandra Prakash Singh @ Bitu @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47278 of 2014 Arising Out of PS.Case No. -20 Year- 2014 Thana -PATLIPUTRA District- PATNA ====================================================== Chandra Prakash Singh @ Bitu @ Bittu, son of Sudama Singh, resident of village Parsiyan Khurd, P.S. Dabath, District Rohtas at present resident of Mohalla Nehru Nagar, P.S. Patliputra, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Lovekush Kumar, Adv. For the Opposite Party/s : Mr. Gulnar Begum, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is an accused in connection with Patliputra P.S. Case No. 20 of 2014 registered for the offences punishable under Section 379 of the Indian Penal Code and he is in custody since 15.05.2014.

It is submitted on behalf of the petitioner that the First Information Report in the present case was lodged against unknown persons and thereafter, on recovery of the scooty, in question, another case bearing S.K. Puri P.S. Case No. 167 of 2014 was registered.

It is further submitted on behalf of the petitioner that in this case, another co-accused namely Ankit Aman has also been

Patna High Court Cr.Misc. No.47278 of 2014 (2) dt.04-02-2015 named along with the petitioner.

It is further submitted on behalf of the petitioner that the confessional statement, purported to have been given by the petitioner before the police was being used to implicate him in connection with the present case and the police had forcibly taken his signature on blank papers, which ultimately goes to show that confessional statement has been taken under threat. The learned counsel for the petitioner submits that save and except, the confessional statement made before the police, which is of no evidentiary value, there is no positive material to show the complicity of the petitioner in the present case. Considering the aforementioned submissions and also the fact that the petitioner has been in custody since 15.05.2014, let the petitioner, above named be released on bail on furnishing bail bonds Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Reshma Verma, Judicial Magistrate 1st Class, Patna in connection with Patliputra P.S. Case No. 20 of 2014.

(Anjana Mishra, J.) Vats/- U T