Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48679 of 2015 Arising Out of PS.Case No. -155 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. Sunil Kumar Singh, son of Rajdeo Singh, Resident of villageGamarhiya, P.S.- Kasma, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 364 of the I.P.C Allegedly, Dr. Pankaj Kumar Gupta and his wife were kidnapped by some unknown miscreants from Barachhati region when they were coming from Giridih by Audi vehicle bearing registration no. JH01AB-7698. During investigation the victims were released and on the basis of their statement raid was conducted in Flat No. 906 of Sharda Apartment at Gomti Nagar, Lucknow and from there the petitioner and other co-accused were apprehended with arms and further the looted Audi Car and other articles of the victim Dr. Pankaj Kumar Gupta and his wife were

Patna High Court Cr.Misc. No.48679 of 2015 (3) dt.29-01-2016 2/2 recovered besides other incriminating articles. Submission is of false implication and that the petitioner has been made victim of the circumstances, he has been implicated merely on suspicion, the confessional statement of the co-accused has got no evidentiary value in the eye of law and as such the petitioner who is suffering in custody since 11.05.2015 deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the petitioner and other co-accused were apprehended from that flat and looted Audi Car besides other articles of the victims were also recovered from that flat. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, at present this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Barachhati P.S. Case No. 155 of 2015 pending in the court of Judicial Magistrate 1st Class, Gaya. (Jitendra Mohan Sharma, J) Abhay/- U T