Rajhansh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25599 of 2018 Arising Out of PS. Case No.-170 Year-2017 Thana- DARAUNDHA District- Siwan ====================================================== Rajhansh Sah, son of Sheonarayan Sah, resident of Village- Sahpur, P.S. G.B. Nagar, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dineshwar Pandey For the Opposite Party/s :

Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-05-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Daraundha P.S. Case No. 170 of 2017 dated 13.09.2017 instituted for the offence under Section 395 of the Indian Penal Code.

The informant was waylaid by six persons riding two motorcycles. The petitioner has not been named in the FIR and his implication in the present case is only on the basis of confession made by co-accused Ras Bihari Singh.

Learned counsel for the petitioner has submitted that the informant has filed a petition before the learned ACJM XI,Siwan that he does not identify accused Ras Bihari Singh and his confession was

Patna High Court Cr.Misc. No.25599 of 2018(3) dt.17-05-2018 2/2 obtained under duress and coercion. The petitioner has not been put to any T.I. Parade and there has not been any recovery from him.

Regard being had to the fact that the petitioner has no criminal antecedent and is in custody since 19.02.2018 he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Siwan in connection with Daraundha P.S. Case No. 170 of 2017.

(Ashutosh Kumar, J) krishna/- U T