Rakesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83073 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- JHANJHARPUR District- Madhubani ====================================================== RAKESH KUMAR SAH Son of Budhan Sah Resident of Village - Manapatti, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary For the Opposite Party/s :
Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-12-2019 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 Section 379 of the Indian Penal Code. Motorcycle of the informant parked in front of the Bazar Samiti is said to have been stolen by some unknown miscreant.
It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He is not named in the F.I.R. 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 recorded by
Patna High Court CR. MISC. No.83073 of 2019(2) dt.16-12-2019 2/2 the police which has no evidentiary value in the eye of law. Though four criminal cases have been lodged against the petitioner but he is on bail in all those cases. The petitioner has been languishing in custody since 01.07.2019. 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-1,Jhanjharpur in connection with Jhanjharpur P.S. Case No.20 of 2019, corresponding to G.R. No.176 of 2019.
(Prakash Chandra Jaiswal, J) amit/- U T