Tabrej Alam @ Taurej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9954 of 2015 Arising Out of PS.Case No. -83 Year- 2012 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Tabrej Alam @ Taurej Alam Son of Gulab Alam Resident of villageMotipur Araji, Police station- Bhorey, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Narendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-12-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Bijaipur P.S Case No. 83 of 2012 registered under Section 379 of the Indian Penal Code.

In the present case, earlier the case diary was called for which has since been received.

Learned counsel for the petitioner submits that the name of the petitioner has surfaced only on the confessional statement of made by co-accused, which is not admissible in evidence. He further submits that he has no criminal antecedent and save and except confessional statement of co-accused, there is no other material in the case diary.

Patna High Court Cr.Misc. No.9954 of 2015 (3) dt.01-12-2015 2/2 Learned counsel for the State, after perusal of the case diary, submits that the name of the petitioner has surfaced on confessional statement of co-accused, namely, Devendra Yadav as having participated in the occurrence.

Considering the aforementioned submissions and also the fact that the petitioner has no criminal antecedent and there is only confessional statement of co-accused against him, let the petitioner, above named, in the event of his arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj, in connection with Bijaipur P.S.Case No. 83 of 2012, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Anjana Mishra, J) singh/- U T