Rinku Barnwarl @ Dinesh Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36766 of 2018 Arising Out of PS.Case No. -102 Year- 2018 Thana -SONO District- JAMUI ======================================================

1. Rinku Barnwarl @ Dinesh Barnwal S/o Sri Brahamdeo Prasad Barnwal, R/o Vill./Mohalla- Sono , P.S.- Sono, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 24.04.2018 in connection with Sono P.S. Case No. 102 of 2018 registered for the offences punishable under Sections 363/365 of the Indian Penal Code. Later on, Section 302/201/120(B) of the Indian Penal Code was also added.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is based on the confessional statement of a co-accused made before the police which has no evidentiary value. It is further submitted that the petitioner is the landlord of the said Gopal Tamoli who has named him only to wreck vengeance as the petitioner was trying to evict him from one of his premises. Learned counsel for the petitioner further

Patna High Court Cr.Misc. No.36766 of 2018 (3) dt.24-07-2018 2/2 submits that nothing has come in the case diary, save and except the confessional statement of the said Gopal Tamoli, husband of the informant who has named the present petitioner. Diary in the present case was called for which has since been received.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that save and except the said confessional statement made before the police, there is no further cogent material in the case dairy to implicate the petitioner. In view of the aforementioned facts and circumstances, 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 A.C.J.M., Jamui, in connection with Sono P.S. Case No. 102/2018.

(Anjana Mishra, J) Saif/- U T