Dabloo Kumar Yadav @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48845 of 2016 Arising Out of PS.Case No. -210 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Dabloo Kumar Yadav @ Rakesh Kumar, Son of Shri Jai Prakash Narayan Singh, Resident of Mohalla - XTTI, Mariyam Colony .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is apprehending his arrest in a case registered for offences punishable under Section 395 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner has not been named in the First Information Report, subsequently his name surfaced on the basis of confessional statement of one co-accused, Md. Nehal, who in his confessional statement, stated that he sold the looted motorcycle to the petitioner. However, nothing has been recovered from the possession of the petitioner and he has been falsely implicated in this case due to enmity. The petitioner is a man of clean antecedent.

Patna High Court Cr.Misc. No.48845 of 2016 (2) dt.16-12-2016 2/2 Learned A.P.P. for the State also could not controvert this fact that save and except the confessional statement of one coaccused, there is nothing on record to implicate the petitioner in the present case.

Having heard both sides and in view of the facts and circumstances, 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 Ms. Shema Eram learned Judicial Magistrate -1st Class, Patna, in connection with Phulwarisharif P.S. Case No. 210 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