Indal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45966 of 2016 Arising Out of PS.Case No. -346 Year- 2015 Thana -BAHADURPUR District- DARBHANGA ====================================================== Indal Sahani, S/o Bhola Sahani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-10-2016 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-395 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation, he was arrested and allegedly, made confessional statement. Apart from the aforesaid circumstance, some criminal antecedent of the petitioner was also mentioned by the I.O. at paragraph-144 of the case diary. Charge sheet has already been submitted against the petitioner. No doubt, petitioner is said to have made confessional statements before the police, accepting his guilt but it is settled principle of law that confessional statement before the police does not have any evidentiary value and at best, the

Patna High Court Cr.Misc. No.45966 of 2016 (2) dt.21-10-2016 2/2 confessional statement of an accused can be considered only for the purpose of investigation.

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 Bahadurpur P.S. Case No. 346 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Darbhanga. (Hemant Kumar Srivastava, J) A.K.V./- U T