Sanjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74850 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== Sanjay Sah S/o Lalbabu Sah R/o village- Basepura, P.S.- Tajpur, DistrictSamastipur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lal Babu Singh For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.
Some unknown miscreants are said to have heisted the jewelery breaking open box of the informant in the night. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He was apprehended by the police merely on suspicion while he was going to the house of his sister purchasing some article from the market as per desire of his sister. There is nothing cogent on
Patna High Court CR. MISC. No.74850 of 2019(2) dt.11-12-2019 2/2 record indicating the complicity of the petitioner in the occurrence barring his confessional statement made before the police which has no evidentiary value in the eye of law. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot. The petitioner has no criminal antecedent and has been languishing in custody since 16.07.2019. Learned APP for the State opposed the bail petition.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with Patepur P.S. Case No.159 of 2019. (Prakash Chandra Jaiswal, J) Trivedi/- U T