Sanjay Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.9263 of 2015 (3) dt.10-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9263 of 2015 Arising Out of PS.Case No. -528 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Sanjay Rai Son of Bhola Rai, resident of village- Angarghat, P.S.- Angarghat, District- Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Pramod Kumar Pandey(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner is in custody since 12.11.2014 in a case for the offence registered under Sections 379/34 and 411 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is innocent and in fact, it was co-accused, namely, Jitendra Kumar Jha, who is the Khalasi of the stolen vehicle bearing Registration No. BR-33A-6825. However, the petitioner is Khalasi of Tata Vehicle bearing Registration No. BR-06P6662 and when the petitioner's vehicle was parked, the driver of the alleged stolen vehicle namely, Upendra Giri came to the petitioner with 5-6 other persons and handed him over to the police.
Considering the fact that the petitioner's
Patna High Court Cr.Misc. No.9263 of 2015 (3) dt.10-04-2015 confessional statement has been made before the police which has no evidentiary value and also the fact that the co-accused, namely, Jitendra Kumar Jha has been granted bail by the court below and the petitioner has already been in custody for almost four months, let the petitioner, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Dalsingsarai, Samastipur in connection with Dalsinghsarai P.S. Case No. 528 of 2014. (Anjana Mishra, J) Jagdish/- U T