Patna High CourtCR. MISC./37683/2016bail granted

Heera Tanti v. The State Of Bihar

2016-11-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37683 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -NIMACHANDPUR District- BEGUSARAI ======================================================

1. Heera Tanti Son of Karu Tanti Resident of village- Chak Muzaffar, P.S.- Naokothi, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report but in course of investigation, the F.I.R named accused Bablu Tanti was arrested and made his confessional statement and the aforesaid Bablu Tanti disclosed the name of petitioner and other accused. Subsequently, on the basis of confessional statement of the petitioner, recovery of stolen engine was made from an orchard.

Submission on behalf of the petitioner is that even if the aforesaid material is assumed to be true, then also, it can only be said that stolen article has been recovered on the basis of confessional statement of the petitioner. Moreover, investigation

Patna High Court Cr.Misc. No.37683 of 2016 (3) dt.08-11-2016 2/2 against the petitioner has already been completed and petitioner does not have any criminal antecedent, which is evident from Para-3 of the petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VII, Begusarai in connection with Neema Chandpura P.S.Case No. 01 of 2016, Session trial no. 434 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T