Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49711 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhim Singh, son of Sri Chandeshwar Singh, resident of village-Madhopur, P.S.-Majhaulia, District-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the State : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-10-2017 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Ramgadhwa PS Case No. 77 of 2017 registered for the offences punishable under Section 414 of Indian Penal Code and Sections 25(1-b)A, 26, 35 of Arms Act.

The accusation against the petitioner is that while the Police was investigating Motihari Town P.S. Case No. 316 of 2017, it recorded the confessional statement of the petitioner and one another Mukesh Kumar and on the basis of the same, recovery of two pistols and a stolen motorcycle was made from the possession of one Amit Singh, co-accused.

The learned counsel for the petitioner submits that the petitioner has a fair antecedent, barring one case, details

Patna High Court Cr.Misc. No.49711 of 2017 (2) dt.18-10-2017 2/2 whereof is mentioned in paragraph-3 of the present petition. It is further submitted that the petitioner is languishing in custody since 19.06.2017. Learned counsel also contends that the petitioner is innocent and while he was in jail, his confessional statement had been taken under coercion and the present case has been falsely fabricated. It is also submitted that the charge sheet has been filed, hence there is no possibility of the petitioner interfering with the investigation.

In the facts and circumstances of the present case, I deem it fit and appropriate to enlarge the petitioner Bhim Singh on regular bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Ramgadhwa PS Case No. 77 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T