Chandan Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1536 of 2015 Arising Out of PS.Case No. -83 Year- 2012 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandan Pathak, Son of Pramod Pathak, Resident of Village - Madhopur Parsauni Jahangir, Police Station - Sahebganj, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate. For the Opposite Party/s : Mr. C.Sen Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2015 Heard both sides.

The petitioner Chandan Pathak seeks bail in Kundwachainpur P.S. Case No. 83 of 2012, registered for the offences punishable under Section 396 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner figured in the case in the confessional statement of Shivnath Sahani. The petitioner was apprehended on 07.06.2014, but he was not put on test identification parade. Except the confessional statement, the investigating officer did not collect any tangible evidence to show the involvement of the petitioner.

Considering the facts aforesaid, the petitioner is

Patna High Court Cr.Misc. No.1536 of 2015 (2) dt.15-01-2015 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 S.K. Mishra, the learned Judicial Magistrate, 1st Class, Sikrahana, East Champaran at Motihari in connection with Kundwachainpur P.S. Case No. 83 of 2012. (Prabhat Kumar Jha, J.) KKSINHA/- U T