Purushottam Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33312 of 2018 Arising Out of PS.Case No. -79 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Purushottam Chaudhary, Son of Umesh Chaudhary, Resident of VillageRahiyar, P.S.- Shivaji Nagar, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has been in custody since 28.02.2018 in connection with Begusarai Town P.S. Case No. 79/18 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though not named in the First Information Report, only on the basis of the confessional statement made before the police by one Rajnish Kumar, the petitioner from whose house the accused Ranjish Kumar was arrested, the petitioner has also been taken into

custody.

The only allegation, even as per the confessional statement, is that after committing the crime the accused Rajnish Kumar had come to stay in the house of the petitioner. Learned counsel for the petitioner submits that, save and except the said statement, there is no further material to implicate the present petitioner.

Diary in the present case was called for which has since been received.

Learned counsel for the State after perusal of the case diary submits that in paragraph No. 91 of the case diary, the confessional statement of the accused Rajnish Kumar has been recorded in which he has stated that after committing the crime, he had come and taken shelter in the house of the petitioner Purushottam Chaudhary.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State and on account of the fact that the petitioner has no criminal antecedent and save and except the aforesaid statement, there is no further allegation in the case dairy, let the petitioner above named, be released on

bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 79/18.

(Anjana Mishra, J) Saif/- U T