Jabul @ Md. Jabul @ Jabul Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17816 of 2021 Arising Out of PS. Case No.-65 Year-2014 Thana- DIGHALBANK District- Kishanganj ====================================================== JABUL @ MD. JABUL @ JABUL ALAM Son of Muslim Resident of Fulbari, Police Station - Bahadurganj, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2021 Heard the parties in virtual Court.

Let the defects be removed within four weeks after start of the physical Court.

Petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. The FIR of the occurrence of dacoity is against unknown. Name of the petitioner surfaced in the confessional statement of co-accused, namely, Salmo and Magub Alam. Submission is that neither the petitioner was put on T.I. Parade during investigation of the case nor any incriminating article was recovered from possession of the petitioner. Only material against the petitioner is confessional statement of co-accused before the police while in police custody which cannot be proved as evidence as per bar of Section 26 of the Evidence Act.

Patna High Court CR. MISC. No.17816 of 2021(2) dt.10-08-2021 2/2 Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dighalbank (Kodhobari) Police Station Case No. 65 of 2014, subject to the following conditions:- (a) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T