Patna High CourtCR. MISC./40652/2017bail granted

Md. Sahid Aalam @ Dabloo Mian v. The State Of Bihar

2017-09-19Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40652 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -PAHARPUR District- EAST CHAMPARAN(MOTIHARI) ====================================================== MD. SAHID AALAM @ DABLOO MIAN, Son of Wazir Mian, R/o Village- Majurahan, P.S.- Raghunathpur (Out Post Turkaulia), District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Subodh Kumar Mishra, Advocate For the S t a t e : Mr. Braj Kishore Prasad, APP For the Informant : Mr. Pramod Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and the learned counsel for the informant. Learned counsel for the State is also present.

The petitioner is in custody on his remand since 10.05.2017 in connection with Paharpur P.S. Case No.77 of 2017 registered for the offence under Section 302/34 of the I.P.C.

It appears from the F.I.R. that the petitioner is not named therein. Subsequently, persons, who are said to be inimical terms with the petitioner, have named this petitioner. It is only on the basis of the confessional statement made before the police of such persons, that the petitioner's name

Patna High Court Cr.Misc. No.40652 of 2017 (2) dt.19-09-2017 2/2 has cropped up. Thereafter, the petitioner was made to sign on certain papers, which was subsequently converted into his confessional statement. Learned counsel for the petitioner submits that such statement made before the police cannot be used against the petitioner.

Considering the aforementioned facts and circumstances and that there appears to be no further material, save and except the confessional statement, let the petitioner, above named, 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, Motihari, East Champaran, in connection with Paharpur P.S. Case No.77 of 2017.

(Anjana Mishra, J) PNM U T