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Patna High CourtCR. MISC./57712/2017allowed

Devan Sah @ Dev Narayan Sah v. The State Of Bihar

2017-12-13Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.57712 of 2017 (3) dt.13-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57712 of 2017 Arising Out of PS.Case No. -391 Year- 2016 Thana -KATIHAR District- KATIHAR ======================================================

1. Devan Sah @ Dev Narayan Sah S/o Late Yadunandan Sah, R/o VillageBelgachhi, P.S.- Dagarua, District- Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Adv. For the Opposite Party/s : Mr. Sri Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 23.06.2016 in connection with Katihar (Town) Police Station Case No. 391 of 2016, disclosing offences under Sections 395 and 412 of the Indian Penal Code and Section 25(1-b)a and 27 of the Arms Act and also Section 3/4 of the Explosive Substance Act. Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. rather he has been made accused in this case on the basis of confessional statement of co-accused, Rajesh Choudhary@ Chaturi Choudhary and except confession of the co-accused, no cogent

Patna High Court Cr.Misc. No.57712 of 2017 (3) dt.13-12-2017 material has come against this petitioner during course of investigation. The petitioner is rotting in judicial custody for the last one and half year.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Session Judge, Katihar, in connection with S.T. No. 277 of 2017 arising out of Katihar (Town) Police Station Case No. 391 of 2016. (Arvind Srivastava, J) brajesh/- U T