Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36189 of 2018 Arising Out of PS.Case No. -39 Year- 2017 Thana -PURAINI District- MADHEPURA ======================================================

1. Sintu Kumar, S/o Sarwan Mandal @ Shravan Mandal, Resident of Village- Itahari, P.S.- Alamnagar, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Puraini P.S. Case No.39 of 2017 registered under Section 394 of the Indian Penal Code.

One motorcycle and one mobile phone of the informant is said to have been looted by three unknown miscreants assaulting on his head by means of brick bat.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case at the instance of his enemy. No incriminating article has been recovered from his conscious physical possession. The petitioner's name is surfaced only on the basis of confessional statement recorded by the police which has no evidentiary value in the eye of law and

Patna High Court Cr.Misc. No.36189 of 2018 (03) dt.01-08-2018 nothing has been recovered on the basis of alleged confessional statement. Earlier the prayer for bail of the petitioner was rejected vide order dated 21.08.2017 with a liberty to the petitioner to renew his prayer for bail if the trial is not concluded within nine months. The learned lower Court has reported that in the case under hand charge has been framed. The petitioner has no criminal antecedent and has been languishing in custody since 12.05.2017. In the facts and circumstances of the case, 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, Udakishunganj, Madhepura in connection with Puraini P.S. Case No.39 of 2017.

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