Abhinav Kumar Chandan @ Sudhir Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13595 of 2016 Arising Out of PS.Case No. -167 Year- 2015 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================

1. Abhinav Kumar Chandan @ Sudhir Rai Son of late Raja Prasad Rai @ Ram Chandar Rai Resident of Vill+PO- Chandwa More, Arrah ward No. 1, PS Nawada Ara, District Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Roy For the Opposite Party/s : Mr. Manoj Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bikramganj P.S. Case No. 167 of 2015 registered for the offences punishable under Section 392 of the Indian Penal Code and later on Section 411 has also been added.

Allegedly, two miscreants hired Bolero vehicle of the informant and thereafter, at the point of Katta and after assaulting the informant, got down him from the Bolero and fled away with the said vehicle and further they snatched two SIM of the informant. During investigation, the petitioner was apprehended with the said Bolero vehicle.

Submission is of false implication and that the petitioner is in custody since 13.11.2015 but he has not been put

Patna High Court Cr.Misc. No.13595 of 2016 (3) dt.20-06-2016 2/2 on TIP, at best it can be a case under Section 411 IPC, the petitioner has not snatched the vehicle, the alleged confessional statement made before the police has got no evidentiary value in the eye of law and, as such, he deserves sympathetic consideration to which the learned APP opposes by pointing out the alleged recovery and the petitioner has got criminal antecedent as he is involved in a case under N.D.P.S. Act.

In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 167 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T