Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3033 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== Dhiraj Kumar, son of Fudo Ram, resident of village- Gangra, P.S.- Gidhaur (Laxamipur), District Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh,APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 27.09.2018 in connection with Laxamipur P.S. Case No.304 of 2018 registered for the offence under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that neither the petitioner is named in the F.I.R. nor has any recovery been made from his possession. Learned counsel for the petitioner further submits that the petitioner's name has transpired during investigation on the basis of the restatement given by the informant. Having considered the entire facts and circumstances of the case and in view of the fact that the

Patna High Court CR. MISC. No.3033 of 2019(3) dt.28-02-2019 2/2 confessional statement made by the petitioner in presence of the police has no evidentiary value and that there being no positive material in the case diary to support the allegation as made out against the petitioner, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Singh, learned Judicial Magistrate 1st Class, Jamui, in connection with Laxamipur P.S. Case No.304 of 2018.

(Anjana Mishra, J) PNM U T