High Court Patna High Court - Orders

Kishore Kumar vs The State Of Bihar on 12 October, 2011

Patna High Court – Orders
Kishore Kumar vs The State Of Bihar on 12 October, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.32060 of 2011
                  Kishore Kumar Son of Chhote Lal Prasad, Resident of village
                                Piro, P.S- Piro, dist- Bhojpur.
                                            Versus
                                      The State Of Bihar
                                           -----------

02 12.10.2011 Heard learned counsel for the petitioner and the

learned A.P.P for the State.

The petitioner is accused in connection with Bihiya

P.S.case No. 88 of 2009 registered under Section 392 of the

Indian Penal Code.

Learned counsel appearing on behalf of the

petitioner submits that the case was registered on 18.5.09 for

the occurrence of 17.5.2009 under Section 392 of I.P.C.,

against three unknown persons. The petitioner has been made

accused in this case only on the basis of the confessional

statement of the co-accused, Rajesh Kumar Singh, whose

name had come in the confessional statement of the co-

accused, Hakim Singh from whom the looted mobile was

recovered .

From the impugned order dated 29.8.2011,

whereby the bail prayer of the petitioner has been rejected, it

appears that the name of the petitioner has come in the
2

confessional statement of the co-accused, Rajesh Kumar

Singh, as recorded under Section 164 Cr.P.C., who has stated

that the petitioner has sold the mobile to the co-accused,

Hakim Singh .

Having regard to the facts and the circumstances of

the case, the petitioner abovenamed, are directed to be

released on bail on his furnishing bail bond of Rs. 10,000/-(

Rupees Ten Thousand) each with two sureties of the like

amount each to the satisfaction of 1st Class J.M. Bhojpur,

Ara in connection with Bihiya P.S.case No. 88 of 2009.

Namita                         ( Rajendra Kumar Mishra, J.)