Disposed
Manoj Prasad v. The State Of Bihar
Patna HCCR. MISC./20307/2016
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20307 of 2016
Arising Out of PS.Case No. -489 Year- 2015 Thana -MARHAURA District- SARAN ====================================================== 1. Manoj Prasad Son of Raja Ram Prasad R/o Village and P.S.- Goriakothi, District- Siwan .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under section 379 of the Indian Penal Code. The pick-up van of the informant was stolen leading to registration of FIR against unknown. Name of the petitioner sprang up on confession of co-accused Chandan who suggested that he and the petitioner committed the alleged offence.
It is submitted by the learned counsel for the petitioner that except the confession of the co accused, nothing was collected during investigation against the petitioner. There is no recovery from the
Patna High Court Cr.Misc. No.20307 of 2016 (2) dt.11-05-2016
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petitioner. It is further submitted that though the petitioner is accused in one other case but he is on bail in the said case. The impugned order also does not suggest any material against the petitioner except the confession of co accused. Considering the aforesaid facts, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Marhowrah P.S. Case No. 489 of 2015 pending in the court of learned CJM, Saran at Chapra.
This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J)
Anil/-
U T
1 issue framed by the court
Whether an inquiry based on confession of a co-accused without independent evidence suggests sufficient grounds to deny regular bail.
Manoj Prasad
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
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