Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30414 of 2016 Arising Out of PS.Case No. -206 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Sunil Kumar son of Late Asharfi Singh resident of Village Mahmmadpur P.S. Didarganj District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Vishwa Ranjan Choudhary For the State : Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-11-2016 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 394/307/120(B)/34 of the Indian Penal Code.

Learned Senior Counsel for the petitioner submits that the name of the petitioner does not find place in the First Information Report. However, on the confessional statement made before the police by one Raja Kumar, the name of the petitioner has been drawn in connection with the present case. It is further submitted that even in the said confessional statement, no specific overt act has been alleged against this petitioner. It is submitted that the petitioner cannot be prosecuted on the basis of the confessional statement made before the police which has no evidentiary value. As such, he may be extended the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.30414 of 2016 (3) dt.11-11-2016 P2/2 Having heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State and on consideration of all facts and circumstances, let the petitioner abovenamed, in the event of his arrest / surrender 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 the learned A.C.J.M., Vth Begusarai in connection with Sahebpur Kamal P.S. Case No. 206/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T