Sumit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45099 of 2018 Arising Out of PS.Case No. -652 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Sumit Kumar Yadav, S/o Late Nepali Yadav, R/o Vill.- Katariya, P.S.- Kursela, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s : Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 13.03.2018 in connection with Khagaria P.S. Case No.652 of 2017 registered for the offence under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., but on the basis of confessional statement of co-accused Murari Kumar before the police, the petitioner has been implicated in connection with the present case. It is further submitted that such confessional statement of co-accused before the police has no evidentiary value and that the petitioner has only one other criminal

Patna High Court Cr.Misc. No.45099 of 2018 (2) dt.06-08-2018 2/2 antecedent, in which he has already been granted bail. Considering the aforementioned facts and circumstances, 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, Khagaria in connection with Khagaria P.S. Case No.652 of 2017.

(Anjana Mishra, J) PNM U T