Patna High CourtCR. MISC./26847/2018bail granted

Santi Mistry v. The State Of Bihar

2018-05-03Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26847 of 2018 Arising Out of PS. Case No.-150 Year-2017 Thana- ATRI District- Gaya ====================================================== Santi Mistry, son of Shiv Lohar, resident of village-Narabatt, Police Station-Atri, District-Gaya ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr. Sri Shailendra Kumar -1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-05-2018 Heard Sri Shailesh Kumar, learned counsel for the petitioner and Sri Shailendra Kumar, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 14.03.2018 in Atri P.S. Case No.150 of 2017 registered for the offence under Sections 414, 420,467, 468/34 of the Indian Penal Code, has prayed for grant of bail.

At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. It was further submitted by learned counsel for the petitioner that save and except the confessional statement of the co-accused, there is no other connecting material to show involvement of the petitioner in the present case.

Patna High Court Cr.Misc. No.26847 of 2018(2) dt.03-05-2018 2/2 Learned Addl. Public Prosecutor has opposed the prayer for bail. It has been argued that the co-accused, from whose possession stolen motorcycle was recovered, had confessed that he had purchased stolen motorcycle from the petitioner.

Considering the fact that the petitioner's name has come on the basis of confessional statement of co-accused, which was made before the police as well as the clean antecedent of the petitioner, let the petitioner, namely, Santi Mistry, 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 learned Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No.150 of 2017. (Rakesh Kumar, J) nawalkrs/- U T