Patna High CourtCR. MISC./53912/2017bail granted

Sajid Ali @ Chunnu v. The State Of Bihar

2017-11-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53912 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Sajid Ali @ Chunnu Son of Anwar Ali, Resident of Village-Baishakhi Hata, P.S.-Pachrukhi (Sarai O.P.), District-Siwan. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Siwan (M) P.S. Case No. 40 of 2017 registered under Section 392 of the Indian Penal Code. As per the prosecution case, three unknown miscreants are said to have looted the motorcycle, cash and other belongings of the informant on the point of pistol. It is submitted by learned counsel for the petitioner that the no incriminating article has been recovered from his conscious physical possession rather the alleged motorcycle was recovered from a 'tagar' located at the east side of Pachrukhi Sugar Mill and the Railway Line. There is nothing in the case diary indicating the complicity of the petitioner in the occurrence barring his confessional statement before the police, which has no evidentiary value in the eye of law. The petitioner has been

Patna High Court Cr.Misc. No.53912 of 2017 (02) dt.10-11-2017 2/ 2 languishing in custody since 09.03.2017.

Considering the facts aforesaid, the above named petitioner is 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 the learned Additional Chief Judicial Magistrate-III, Siwan in connection with Siwan (M) P.S. Case No.40/2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T