Sanjeet Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48887 of 2015 Arising Out of PS.Case No. -219 Year- 2014 Thana -BELDAUR District- KHAGARIA ======================================================
1. Sanjeet Thakur Son of Brahmdeo Thakur, Resident of Village - Nirpur, P.S. - Chautham District - Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offence punishable under section 392 of the I.P.C Allegedly, four unknown miscreants committed robbery and took away cash of Rs. 500/- and one mobile of the informant and further cash of Rs. 5/- and one chunauti from Raj Kumar and earlier also the miscreants have snatched cash of Rs. 1,000/- and mobile of another Raj Kumar and Raj Kumar stated that the miscreants have brought Rajeev Kumar also and has snatched Rs. 250/- and one carbon mobile, but he fled away. During investigation on the basis of the confessional statement of the petitioner he has been remanded in this case as he was caught
Patna High Court Cr.Misc. No.48887 of 2015 (3) dt.15-12-2015 2/3 by the villagers with one loaded country made pistol and mobile. Submission is of false implication and that the confessional statement made before police has got no evidentiary value in the eye of law. No robbed amount or articles have been recovered from possession of the petitioner. The petitioner is suffering in custody since 19.01.2015. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.
The learned A.P.P. opposes prayer for bail by submitting that the petitioner has got criminal antecedent and he was caught with country made pistol.
In the facts and circumstances as stated above, considering that the petitioner has been remanded in this case from another case on the basis of his confessional statement and besides that no other tangible material has come against the petitioner and the charge sheet has already been submitted and as such the petitioner is directed to be released 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 P.C. Verma, J.M. 1st Class, Khagaria in Beldaur P.S. Case No. 219 of 2014/ G.R. No. 2776 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property
Patna High Court Cr.Misc. No.48887 of 2015 (3) dt.15-12-2015 3/3 within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T