Nishu Singh @ Nishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30469 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Nishu Singh @ Nishu Kumar, S/o Baliram Singh @ Baliram Prasad Singh R/o village- Kauria Tola Raman Rai, P.S.-Bhagwanpur, District-Siwan .... .... Petitioner

Versus

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

For the Petitioner : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party : Smt. Veena Kumari Jaiswal (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Bhagwanpur Hat P.S. Case No. 54 of 2016 registered for the offence punishable under Section 394 of the Indian Penal Code. Learned senior counsel appearing on behalf of the petitioner submits that the name of the petitioner has occurred in the FIR on the basis of the confessional statement made by coaccused who was apprehended from place of occurrence. It is further submitted that such statement cannot be used against the petitioner as it has got no evidentiary value. It is further submitted that there is no recovery from the possession of the petitioner. In view of the aforementioned facts and circumstances that the petitioner cannot to be prosecuted on the basis of the

Patna High Court Cr.Misc. No.30469 of 2016 (2) dt.01-09-2016 2/2 confessional statement made before the police by co-accused and also because the petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the Court below 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 learned Additional Chief Judicial Magistrate-X, Siwan in connection with Bhagwanpur Hat P.S. Case No. 54 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.) ravi/- U T