Anjani Singh @ Tinku Singh @ Tinku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27653 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -MEERGANJ District- GOPALGANJ ====================================================== Anjani Singh @ Tinku Singh @ Tinku, Son of Prakash Singh, Resident of Village- Khemadei, Police Station- Laar, District- Dewariya, (U.P.), at present resident of Saket Nagar, Ward No. 14, Police Station- Kotwali, District- Dewariya (U.P.).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application the petitioner seeks bail in connection with Mirganj P.S. Case No. 07 of 2018 for the offences punishable under sections 414 and 34 of the Indian Penal Code. Allegedly, acting on a tip off raid was conducted and the petitioner and others were apprehended with motorcycles but they did not produce any paper and confessed their involvement in committing the theft of motorcycle. Submission is of false implication, the petitioner has got no criminal antecedent, the alleged confession made before the police has got no evidentiary value in the eye of law,
Patna High Court Cr.Misc. No.27653 of 2018 (3) dt.18-05-2018 2/2 the motorcycle recovered was not stolen property, investigation is complete and as such there is no chance of tampering with the prosecution evidence, similarly situated co-accused Bipin Kumar @ Chhote has been allowed bail vide Cr. Misc. No. 22309 of 2018 by order dated 19.04.2018 by another co-ordinate Bench of this Court and as such the petitioner who is suffering in custody since 13.01.2018 also deserves sympathetic consideration. The learned A.P.P. fairly submits that similarly situated co-accused Bipin Kumar @ Chhote has been allowed bail. In the facts and circumstances stated above, the petitioner above named, is also directed to 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 C.J.M. Gopalganj in connection with the aforementioned case, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T