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Patna High CourtCR. MISC./13625/2019allowed

Madhurendra Singh @ Madhu Singh v. The State Of Bihar

2019-03-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13625 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- PHENHARA District- East Champaran ====================================================== MADHURENDRA SINGH @ MADHU SINGH Son of Kaushal Kishore Singh Resident of Village - Ijorbara, P.S.- Fenhara, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Fenhara P.S. Case No. 93 of 2018, registered for the offence punishable under Sections 379, 411, 413, 414, 465, 468, 471, 474/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that except the criminal antecedent there is no material against this petitioner to connect the petitioner with commission of crime. He further submits that petitioner is in custody since 14.12.2018. Learned counsel for the petitioner further submits that at the time of alleged recovery of motorcycle petitioner was in jail custody. There is no case registered for the theft of motorcycle. Learned counsel for the petitioner would submit

Patna High Court CR. MISC. No.13625 of 2019(2) dt.06-03-2019 2/2 that confessional statement of co-accused has no evidentiary value.

Considering the fact that the name of the petitioner surfaced on the confessional statement of co-accused and at the time of seizure of the motorcycle he was inside the jail, the Court is inclined to enlarge the petitioner on bail. Let, the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M.- 12, in connection with Fenhara P.S. Case No. 93 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T