Md. Subhan Miyan @ Subhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28105 of 2014 Arising Out of PS.Case No. -128 Year- 2011 Thana -NARPATGANJ District- ARRARIA ====================================================== Md. Subhan Miyan @ Subhan, Son of Md Khatru Miyan, R/o Village Pipraghat, Tappu Tola, P.S. Jogbani, District Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-03-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is in custody on remand since 4.3.2014 in connection with the present case registered for the offence under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the F.I.R. in the present case has been lodged against unknown persons and the petitioner's name surfaced on the confessional statement of one Suraj Yadav alias Tuntun Yadav. It is submitted that the petitioner was apprehended on the basis of said extra-judicial confession made before the police, which has no evidentiary value. It is further submitted that said Suraj Yadav has been extended the privilege of regular bail in

Patna High Court Cr.Misc. No.28105 of 2014 (3) dt.02-03-2015 2/2 Cr.Misc. No.25517 of 2012, vide order dated 31.7.2012. Considering the aforementioned submissions and also the period of custody, let the above named petitioner 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 the learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No.128 of 2011. (Anjana Mishra, J) PNM U T