Md. Kalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18414 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Md. Kalim S/o Mishan Hazi Resident of Village Ghoraghat P.S. Forbesganj, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Kursakanta P.S. Case No.5 of 2016 for the offence under Sections 392 and 394 of the I.P.C.

Learned counsel for the petitioner submits that initially the petitioner was not named in the F.I.R. rather one Jumrati was named as an accused person. He further submits that said Jumrati had been given clean chit and final form as against him has been submitted as the case was found true. Other persons whose name figured as C.D.R. came to be arrested. He further submits that on the basis of the confessional statement made before the police by one Upendra Yadav name of the petitioner has surfaced in

Patna High Court Cr.Misc. No.18414 of 2016 (3) dt.01-07-2016 2/2 connection with the present case. Learned counsel for the petitioner further submits that such confessional statement made by co-accused cannot be used against the petitioner as the same has no legal value in the eye of law.

In view of the facts and circumstances and also because the case diary does not reveal any material against the petitioner save and except confessional statement made by the coaccused, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri A.V.Dhar Dubey, J.M. 1st Class, Araria, in Kurskanta P.S.Case No.5 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U R