Patna High CourtCR. MISC./31382/2018bail granted

Sunil Pandit v. The State Of Bihar

2018-05-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31382 of 2018 Arising Out of PS.Case No. -331 Year- 2014 Thana -KATORIA District- BANKA ======================================================

1. Sunil Pandit S/o Ramashish Pandit, R/o Vill.- Krishnapatti, P.S. and District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Md. Nazir Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Katoriya P.S. Case No. 331 of 2014 registered under Section 395 of the Indian Penal Code.

7 motorcycle borne criminals are said to have looted money bag containing Rs. 20,000/-, Pan Card and gold chain etc. and other belonging of the informant on the point of pistol. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent. He has no concern with the aforesaid occurrence. He is neither named in the F.I.R. nor he was apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. There is

Patna High Court Cr.Misc. No.31382 of 2018 (02) dt.21-05-2018 - 2 - nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of Kunal Kumar Singh which has no evidentiary value in the eye of law. Though one more criminal case has been lodged against the petitioner but he is on bail in the aforesaid case. The petitioner has been languishing in custody since 05.03.2018.

Considering the facts aforesaid, the above named petitioner/s is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Katoriya P.S. Case No. 331 of 2014.

(Prakash Chandra Jaiswal, J) Trivedi/- U T