Guddu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13544 of 2016 Arising Out of PS.Case No. -247 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Guddu Sharma son of Binda Thakur, resident of Village- Araria, P.S. Kundba Chainpur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vidya Sagar For the Opposite Party/s : Mr. Narsing Tanti(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 413/ 414/399/401/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is false and mischievous and he has been named in the First Information Report by the co-accused who has been arrested from the place of occurrence. It is submitted that the name of the petitioner cropped up in the confessional statement of the said Pardeshi Rai who was arrested from the place of occurrence as there was some previous enmity between them with regard to making of furniture. Considering the nature of allegation made against the petitioner and that save and except the confessional statement,

Patna High Court Cr.Misc. No.13544 of 2016 (3) dt.19-05-2016 P2/2 there is no cogent material to implicate him and also statement made before the Police by the co-accused has no evidentiary value, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorsahan P.S. Case No. 247/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T