Binod Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20719 of 2016 Arising Out of PS.Case No. -47 Year- 2013 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Binod Raut Son of late Dharichhan Raut Resident of Village - Rewasi, Police station -Riga , District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 364(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that the First Information Report in the present case was lodged against unknown persons. Subsequently, the partner of the informant was arrested, who is alleged to have made confessional statement before the police in which he has taken the name of the present petitioner. Learned counsel further submits that the petitioner cannot be implicated in this case on the basis of the statement made by a co-accused before the police, which has no evidentiary value. It is further submitted that there is no other material so as to indicate the guilt of the petitioner.

Patna High Court Cr.Misc. No.20719 of 2016 (3) dt.09-08-2016 P2/2 Considering the aforementioned facts and circumstances and also that the petitioner is not having any criminal antecedent and that his name has surfaced only in the confessional statement made before the police by a co-accused, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 47/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T