Nirahuya @ Jamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24398 of 2016 Arising Out of PS.Case No. -236 Year- 2014 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================

1. Nirahuya @ Jamil Akhtar son of Late Juman Ansari resident of VillageBelahi Dulh Tole Shiv Nagar, P.S. Tariyani District Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-06-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 28.01.2015 in connection with a case registered for the offences punishable under Sections 395 of Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner was not named in the First Information Report but his name subsequently, came into the picture on the basis of the confessional statement made before the Police by one co-accused Sanjay Sahani. It is further submitted that till date, the petitioner has not been put on Test Identification Parade nor was there any recovery from his possession.

Considering the aforementioned facts and circumstances

Patna High Court Cr.Misc. No.24398 of 2016 (2) dt.02-06-2016 P2/2 and that the petitioner has been named on the basis of confessional statement made by the co-accused before the Police which has no evidentiary value and also the period of custody, let the petitioner 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 learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 236/2014. (Anjana Mishra, J) Saif/- U T