Lalbabu Baitha v. The State Of Bihar

Patna High Court Cr.Misc. No.47527 of 2016 (2) dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47527 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Lalbabu Baitha Son of Ram Shankar Baitha @ Rama Shankar Baitha, Resident of Village- Kahtarba, P.S.- Sheohar, District- Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.01.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 395 of the Indian Penal Code and 27 of the Arms Act. Petitioner is in jail custody since 8.8.2016 and it would appear from perusal of the impugned order that the name of the petitioner came in this case in the confessional statement of coaccused Jalandhar Rai. However, it is submitted that nothing has been recovered from the conscious possession of the petitioner nor he has been put on test identification parade as yet and except the above stated confessional statement of co- accused as well as some criminal antecedent, there is nothing against him.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.47527 of 2016 (2) dt.09-01-2017 amount each to the satisfaction of Sri S.K.Tripathi, Judicial Magistrate, Ist Class, Muzaffarpur/ concerned court in Aurai P.S. Case no. 03/2016.

shahid (Hemant Kumar Srivastava,J) U T