Sujeet Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.50159 of 2016 (2) dt.23-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50159 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sujeet Singh Son of late Ram Chandra Singh Resident of VillageDheluaha, Police Station- Rajepur, District East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar, Advocate For the Opposite Party : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-11-2016 Heard the learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 02.03.2016 in connection with Rajepur P.S.Case No.14 of 2016 for offences alleged under Section 379 of the IPC. The prosecution case is that the FIR has been lodged against unknown by the informant regarding his motorcycle which was stolen. During the course of investigation on the confessional statement of the petitioner before the police, the petitioner has been made accused in this case.

It has been submitted by the learned counsel for the petitioner that he is innocent and the confessional statement made before the police has got no evidentiary value in the eye of law. He further submits that the motorcycle recovered by the police

Patna High Court Cr.Misc. No.50159 of 2016 (2) dt.23-11-2016 does not bear the number plate and thus it could not be corroborated that it was the same stolen motorcycle. However, learned APP for the State submits that the petitioner is involved of a case of similar nature, hence opposes the prayer for bail.

Be that as it may, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar at Motihari in connection with Rajepur P.S.Case No.14 of 2016/Trial No.1972 of 2016. It is further made clear that since the petitioner is involved in a case of similar nature this direction for bail is further subject to the condition that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application stands allowed.

(Nilu Agrawal, J) B.Kr./- U T