Patna High CourtCR. MISC./57581/2015bail granted

Nagina Rai v. The State Of Bihar

2016-03-31Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.57581 of 2015 (3) dt.31-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57581 of 2015 Arising Out of PS.Case No. -196 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Nagina Rai Son of Shobhit Rai, R/o Village- Hidayatpur, P.S. Mahua District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Umesh Lal Verma (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Mahua P.S. Case No. 196 of 2015 registered for the offences punishable under Sections 467, 468, 471, 420, 120B, 413 and 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner was neither apprehended from the place of occurrence nor has he been named in the first information report. It is submitted that the name of the petitioner has surfaced in the confessional statement of co-accused Arun Kumar and on his statement, one of the stolen vehicle was recovered in front of his house. It is further submitted that the petitioner cannot be prosecuted on the basis of confessional statement made by co-

Patna High Court Cr.Misc. No.57581 of 2015 (3) dt.31-03-2016 accused and also there is no recovery from his possession. Considering the aforesaid submissions and also the fact that petitioner has got no criminal antecedents, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 196 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T