Patna High CourtCR. MISC./17448/2018bail granted

Munna Kumar v. The State Of Bihar

2018-04-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17448 of 2018 Arising Out of PS.Case No. -272 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ====================================================== Munna Kumar S/o Akhilesh Ray, R/o Village- Dhamoun, P.S.- Patori, District- Samstipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Tajpur (Halai) P.S. Case No. 272 of 2017 for the offence punishable under section 379 of the I.P.C.

Allegedly, the motorcycle of father-in-law of the informant was stolen away and during investigation the name of the petitioner transpires.

Submission is of false implication, the petitioner is not named in the FIR, nothing has been recovered from his possession, the name of the petitioner has come on the basis of the confessional statement of co-accused Dipak Kumar and Sonu

Patna High Court Cr.Misc. No.17448 of 2018 (2) dt.12-04-2018 2/2 Kumar which has got no evidentiary value, the petitioner has got no criminal antecedent and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that from perusal of the impugned order it reveals that the name of the petitioner has come on the basis of the confessional statement of Sonu Kumar. In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall 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 A.C.J.M-1st, Samastipur in connection with the aforementioned case, subject to the conditions as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T