Patna High CourtCR. MISC./22816/2018bail granted

Sanjay Choudhary v. The State Of Bihar

2018-05-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22816 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -AMAS District- GAYA ====================================================== Sanjay Choudhary Son of Dudheshwar Choudhary Resident of VillageLembua, P.S.-AmasDistrict Gaya (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Pandey For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Amas P.S. Case No. 10 of 2018 registered under Sections 461, 379 and 427 of the Indian Penal Code.

Some unknown miscreants are said to have committed theft of Rs. 8,80,000/- from the ATM machine by braking open the lock of the door of Bank of Baroda, Branch Navgarh.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent. He has committed no offence. He has no concern with the aforesaid occurrence. He was not apprehended on the spot. There is no eye witness of the

Patna High Court Cr.Misc. No.22816 of 2018 (3) dt.24-05-2018 2/2 occurrence. No incriminating article has been recovered from his conscious physical possession. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring his confessional statement which has no evidentiary value in the eye of law. Though one more criminal case has been lodged against the petitioner, but he is on bail in the said case. The petitioner has been languishing in custody since 07.02.2018. Coaccused, namely, Shambhu Choudhary has been enlarged on bail by a co-ordinate bench of this court vide order dated 09.05.2018 passed in Cr. Misc. No. 21357 of 2018.

Considering the facts aforesaid, 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 Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Amas P.S. Case No. 10 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T