Patna High Court - Orders
Saurabh Kumar vs The State Of Bihar on 17 February, 2016
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
Patna High Court Cr.Misc. No.415 of 2016 (3) dt.17-02-2016 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.415 of 2016
Arising Out of PS.Case No. -147 Year- 2014 Thana -ISHOPUR District- BHAGALPUR
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1. Saurabh Kumar son of Munindra Kumar Singh resident of Village -
Parihara, Police Station - Bakhri, District - Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh -Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha(APP)
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
3 17-02-2016Heard learned counsel for the petitioner as well as learned APP.
Unknown miscreants forcing the driver/informant to stop Hiwa Truck, overpowered the informant as well as Khalasi, injected sedative drug and then succeeded in removing the said truck along with mobile set and cash appertaining to Rs. 15,000/-. The driver and Khalasi who became unconscious were thrown during midst of way, were rescued by the police and were admitted to hospital where, after regaining their sense, the instant case has been registered on the Fard-e-beyan of driver/informant, Rajeev Kumar Sah. A day thereafter, while the miscreants were engaged in similar kind of activities became known to the police who conducted a raid and during course thereof, so many persons including the petitioner were arrested and from whose possession cash, mobile set along with Bolero Jeep and the articles kept therein as per seizure list were recovered for which, on the self- statement of police official, Ariyari (Sheikhpura) PS Case No. Patna High Court Cr.Misc. No.415 of 2016 (3) dt.17-02-2016 2 173/2014 was registered. Furthermore, it is apparent from the aforesaid Fard-e-beyan that on interrogation, the apprehended accused disclosed their identity as members of inter-state criminals out of whom at the instance of Neeraj Kumar, Bolero Jeep as well as Hiwa truck parked at some distance were also seized.
The aforesaid Hiwa Truck happens to be the subject matter of the instant case and on account thereof, all of them remanded in this case also but, unfortunate part of the present case happens to be that save and except inculpatory extra judicial confessional statement of co-accused, the Investigating Officer did not care to put the petitioner including others on TIP. Furthermore, as is evident for want of aforesaid deficiency, no connecting material is available to justify further detention of the petitioner in spite of the fact that petitioner has got criminal antecedents.
Accordingly, petitioner, Saurabh Kumar is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of Mukesh Kumar, Judicial Magistrate-1st Class, Bhagalpur/successor in connection with Ishipur-Barahat PS Case No. 147/2014.
(Aditya Kumar Trivedi, J)
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