Santu Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40815 of 2017 Arising Out of PS.Case No. -281 Year- 2017 Thana -KOTWALI District- PATNA ======================================================

1. Santu Choudhary, Son of Ashok Choudhary,

2. Chandan Kumar, Son of Dayanand Prasad, Both R/o Village- Rahiya, Police Station- Shekhopur Sarai, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody on their remand since 11.08.2017 in connection with Kotwali P.S. Case No.281 of 2017 registered for the offences under Sections 417, 418, 419, 420 and 120B of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners' name has surfaced in connection with the present case on the basis of the confessional statement made before the police by one of the co-accused persons, though the petitioners were not named in the F.I.R. It is submitted that such a confessional statement made before the police by unknown

Patna High Court Cr.Misc. No.40815 of 2017 (3) dt.19-09-2017 2/2 person has no evidentiary value and the petitioners cannot be implicated in pursuance thereof. Learned counsel further submits that the petitioners were remanded in connection with the present case when they were in custody in connection with Kotwali P.S. Case No.239 of 2017, in which they have already been granted bail by this Court.

Considering the nature of allegations made against the petitioners and that the petitioners are not named in the F.I.R. and also because neither they have received any money from said Anju Devi through Account No.36815028968, let both the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No.281 of 2017.

(Anjana Mishra, J) PNM U T