Rakesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7377 of 2018 Arising Out of PS.Case No. -94 Year- 2013 Thana -SONBERSA District- SITAMARHI ======================================================
1. Rakesh Das S/o Late Dukha Das, R/o Village- Matiar Khurd, P.S.- Sahiyara, District- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Sonbarsa P.S. Case No. 94 of 2013 registered under Section 394 of the Indian Penal Code. Four miscreants are said to have looted the motorcycle of the informant.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. He is neither named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession rather the looted motorcycle was recovered on the flank of the road in village Bashiya. There is nothing in the case diary indicating the complicity of the petitioner in the occurrence barring the
Patna High Court Cr.Misc. No.7377 of 2018 (02) dt.07-02-2018 - 2 - confessional statement of co-accused Bigu Paswan which has no evidentiary value in the eye of law and the said Bigu Paswan has been acquitted on trial. Charge in the case has already been framed. The petitioner has been languishing in custody since 09.01.2014.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No.94 of 2013.
(Prakash Chandra Jaiswal, J) Trivedi/- U T