Mahesh Rai @ Mahesh Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25196 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== Mahesh Rai @ Mahesh Raj Son Of - Ramotar Rai Resident Of - VillageChakkase, Police Station- Bhagwanpur, District - Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Nivedita Nirvikar For the Opposite Party/s :
Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. It is a case of commission of murder of the son of the informant namely Gopal Kumar.
It is submitted by learned counsel for the petitioner that petitioner was not named in the F.I.R and only on the basis of the confessional statement of coaccused Kundn Paswan, the petitioner has been roped in the present case. There is no direct material against the
Patna High Court CR. MISC. No.25196 of 2021(4) dt.08-09-2022 2/2 petitioner in the commission of murder of the son of the informant and the confessional statement before the police is not admissible in the eyes of law. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 176 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T