Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37775 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -DHANGAI District- BHOJPUR ====================================================== Bhim Singh Son of Late Surendra Singh, resident of village - Sarna, Police Station Shahpur in the district of Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2016 Heard both sides.

The petitioner seeks bail in Dhangai P.S. Case No. 36/2016 registered under Section 395 of the Indian Penal Code. The informant lodged the case for committing dacoity at the petrol pump against unknown. Learned counsel for the petitioner submits that the petitioner was apprehended and the police took his confessional statement but from perusal of Para 46 of the case diary, it appears that the photograph of the petitioner was resembling with the photograph taken out from the CCTV footage. This fact was denied by the learned counsel for the petitioner. On such, a report was called for from the Superintendent of Police, Bhojpur, Ara. The Superintendent of Police, Bhojpur, Ara reported that the petitioner was apprehended and he confessed his guilt and disclosed his involvement in the

Patna High Court Cr.Misc. No.37775 of 2016 (5) dt.01-12-2016 2/2 crime. The petitioner also disclosed the names of four persons whose photographs had come in the CCTV footage, namely, Rohit Kumar, Raja Singh @ Rajat Singh, Manish Kumar and Jitendra Kumar.

It appears that the petitioner has not been put on T.I.P. although he is in jail since 25.06.2016. Jitendra Kumar, whose photograph was taken from the CCTV footage, has been granted bail by a coordinate bench of this Court. Considering the facts that the petitioner was apprehended and the police took his confessional statement but the petitioner has not been put on T.I.P. nor the photograph of the petitioner resembles with the photograph taken out from the CCTV footage, the above named petitioner 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 Sri N.K. Srivastava, Judicial Magistrate, 1st Class, Ara, Bhojpur in Dhangai P.S. Case No. 36 of 2016. (Prabhat Kumar Jha, J) Dilip/- U T