Ramayan Turi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19340 of 2021 Arising Out of PS. Case No.-135 Year-2017 Thana- CHANDAN District- Banka ====================================================== Ramayan Turi Son Of Late Bazo Turi @ Bujo Turi Resident Of VillageChandwari, P.S.- Anandpur (Chandan), District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/ 121 /121A / 120B of the Indian Penal Code, Section 3⁄4 of the Explosive Substance Act, Sections 16/17/18/19/20/21/22 of U.A.P. Act and Section 17 of the C.L.A. Act.

Submission is that only material against the petitioner is confessional statement of co-accused while in police custody. Evidently, the same is inadmissible in view of the provisions of Sections 25 and 26 of the Evidence Act. Besides that there is no other incriminating material against the petitioner, who is in custody since 28.09.2020. Investigation of the case is already complete.

Patna High Court CR. MISC. No.19340 of 2021(3) dt.26-10-2021 2/2 Considering lack of sufficient material against the petitioner for further detention as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Chandan (Anandpur) P.S. Case No. 135 of 2017 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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

(Birendra Kumar, J) Mkr./- U T