Subhash Kumar @ Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10152 of 2016 Arising Out of PS.Case No. -15 Year- 2015 Thana -GAYA KOTWALI District- GAYA ====================================================== Subhash Kumar @ Sudhanshu Kumar, son of Deo Nandan Singh, resident of Village + P.S. Fatehpur, District Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. A.M.P.Mehta(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 15 of 2015 registered for offences punishable under Sections 420 and 379 of the Indian Penal Code. The prosecution case, in brief, is that one unknown person exchanged the ATM card of the informant where she had gone to take out money and withdrew Rs. 1,13,000/- from her bank account.

It has been submitted by the counsel for the petitioner that that the petitioner is not named in the First Information Report and his name figured on the basis of the confessional statement of one Monu Kumar, who was arrested on the basis of the CCTV footage. It has further been submitted by the learned counsel for

Patna High Court Cr.Misc. No.10152 of 2016 (2) dt.13-04-2016 2/2 the petitioner that petitioner is a qualified engineer and has been falsely implicated in the present occurrence. Counsel for the petitioner further submits that nothing has been recovered from the possession of the petitioner and the he bears no criminal antecedent.

However, learned A.P.P. for the State opposes the prayer for bail, although submits that the First Information Report has been lodged against unknown.

Be that as it may, since the name of the petitioner has figured on the basis of the confessional statement of co-accused, which has no evidentiary value in the eye of law, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 15 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J.) Arjun/- U T