Patna High CourtCR. MISC./52740/2016bail granted

Pramod Singh v. The State Of Bihar

2016-12-21Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.52740 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52740 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Pramod Singh s/o Ramkant Singh, Resident of Village- Pipara, P.S.- Dhobaha (O.P.), District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for grant of anticipatory bail for offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 47A of Excise Act.

It has been submitted on behalf of the petitioner that the petitioner's name transpired on the basis of confessional statement of co-accused and there is no recovery from the possession of the petitioner.

Heard learned A.P.P. also.

Having heard both sides. In view of the fact that no recovery has been made from the conscious possession of the petitioner and his name has surfaced in this case only on the basis

Patna High Court Cr.Misc. No.52740 of 2016 (2) dt.21-12-2016 of confessional statement made by the accused, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate(Rail) Patna, in connection with Rail Danapur (Bihita) P.S. Case No. 46 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunil/- U T