Patna High CourtCR. MISC./25334/2016bail granted

Sri Ram Kewat v. The State Of Bihar

2016-07-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25334 of 2016 Arising Out of PS.Case No. -80 Year- 2015 Thana -SILAO District- NALANDA (BIHARSHARIFF) ======================================================

1. Sri Ram Kewat son of Birendra Kewat @ Bijendra Kewat, R/o villageRam Hari Pind, P.S.- Rajgir, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Samir Kumar Sinha For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section-392 of the Indian Penal Code.

Petitioner is not named in the first information report but from perusal of the impugned order, it would appear that in course of investigation, one witness at paragraph-51 of the case diary as well as co-accused in their confessional statements, named the petitioner and stated his involvement in the present case.

Submission on behalf of petitioner is that the statement of so-called witness, Hiralal Singh is nothing but only

Patna High Court Cr.Misc. No.25334 of 2016 (2) dt.04-07-2016 2/2 high handedness of the police and so far as confessional statements of co-accused are concerned; the same are not admissible in evidence. Moreover, the petitioner is in jail custody since 09-05-2016.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Silao P.S. Case No. 80 of 2015 to the satisfaction of Sri Ravindra Kumar, learned Judicial Magistrate-Ist Class, Bihar Sharif at Nalanda.

(Hemant Kumar Srivastava, J) A.K.V./- U T