Patna High CourtCR. MISC./50655/2018bail granted

Ram Vishwas @ Aryan Kumar @ Aryan v. The State Of Bihar

2018-08-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50655 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -TURKAULIYA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Ram Vishwas @ Aryan Kumar @ Aryan Son of late Sipahi Prasad Yadav Resident of Village- Bherkhiya, P.S. Pipra, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Turkauliya P. S. Case No. 14 of 2018, registered for offences punishable under Sections 461 and 379 of the Indian Penal Code and later on Section 411 of the Indian Penal Code has been added. As per F.I.R., allegation against the petitioner is of committing theft in the shop of the informant. Submission of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and no incriminating article has been recovered from the possession of the petitioner. It has been submitted that the name of the petitioner transpired on the basis of confessional statement of co-accused, Bhola Kumar

Patna High Court Cr.Misc. No.50655 of 2018 (2) dt.31-08-2018 2/2 before the police, which has no evidentiary value in the eye of law. It has also been submitted that the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya No. 14 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T