Arvind Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46142 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -KHAGAUL District- PATNA ======================================================

1. Arvind Kumar, Son of Vijay Manjhi, Resident of Mohalla- F.C.I Road No. 10, in front of Madarsa, P.S. Phulwarisharif, in the district of Patna.

2. Bittu Kumar, Son of Pappu Shah, resident of Village- Khalilpura, P.S. Phulwari Sharif in the District of Patna.

.... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Khagul P.S. Case No.109/2017 registered under Section 379/34 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants are said to have snatched the auto-rickshaw of the informant.

It is submitted by learned counsel for the petitioners that the petitioners are not named in the F.I.R. They have been falsely implicated in this case only on suspicion. The said autorickshaw was not recovered from their possession. There is nothing on record to indicate his complicity in the occurrence

Patna High Court Cr.Misc. No.46142 of 2017 (02) dt.20-09-2017 2/ 2 barring their confessional statement recorded before the police which has no evidentiary value in the eye of law. The petitioners have been languishing in custody since 21.07.2017. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Danapur in connection with Khagaul P.S. Case No.109/2017.

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