Sandeep Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43640 of 2016 Arising Out of PS.Case No. -238 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sandeep Kumar Giri, Son of Jata Shankar Giri, Resident of VillagePaharpur Giri tola, P.S. Paharpur, District East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar, Advcocate For the Opposite Party : Mr. Dr. Ajeet Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Motihari Town P.S Case No. 238 of 2016 registered for the offence punishable under Section 394 of the Indian Penal Code and section 27 of Arms Act.

The petitioner is not named in the First Information Report but during course of investigation the name of the petitioner transpires in the confessional statement of co-accused Robin Kumar Sah and from his possession nothing was recovered. Submission is of false implication and that confessional statement made before the police has no evidentiary value in the eye of law, nothing has been recovered from conscious possession of the petitioner, he has not been put on

Patna High Court Cr.Misc. No.43640 of 2016 (3) dt.16-11-2016 2/2 T.I.P. and co-accused Robin Kumar Sah has already been allowed bail vide Cr. Misc. No. 31865 of 2016 by order dated 18.08.2016 and, as such, the petitioner deserves sympathetic consideration as he is suffering in custody since 14.04.2016.

Learned A.P.P. fairly submits that from the impugned order it reveals that the name of the petitioner transpires in the confessional statement of co-accused Robin Kumar Sah. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 238 of 2016, subject to the conditions that one of the bailors must be a 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.) Rajiv/- U T