Madan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15008 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Madan Prasad son of Bishwanath Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report and he is languishing in jail custody since 09.12.2015 in a case registered under section 392 of the Indian Penal Code. Although learned 2nd Additional Sessions Judge, Muzaffarpur, has rejected the prayer for bail of the petitioner vide impugned order dated 08.03.2016 but he failed to mention this fact as to how the name of petitioner came in this case and it would further appear from perusal of the impugned order that the learned 2nd Additional Sessions Judge, Muzaffarpur, has only referred criminal antecedent of the petitioner.

Learned counsel for the petitioner points out that the name of petitioner came in this case in confessional statement of

Patna High Court Cr.Misc. No.15008 of 2016 (2) dt.12-04-2016 2/2 the co-accused and, after that, petitioner was arrested and he too confessed his guilt and except the aforesaid confessional statement as well as some criminal antecedent, there is nothing against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,Muzaffarpur in connection with Minapur P.S.Case No. 124 of 2015, G.R.No.1751 of 2015. (Hemant Kumar Srivastava, J) N.K/- U T