Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24962 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== PAWAN KUMAR Son of Jamun Rai All Resident of Village - Harpur Belwa, P.S.- Mahua, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 20.12.2018 in connection with Patepur P.S. Case No. 178 of 2018 for the offence registered under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he is not named in the first information report. It is further submitted that inclusion of the name of the petitioner is an after thought after a period of one month from the date of occurrence. It is further submitted that subsequent to his arrest, he was made to give a confessional statement before the police, which has no evidentiary value. There has been no recovery from him nor has

Patna High Court CR. MISC. No.24962 of 2019(2) dt.19-04-2019 2/2 been placed on T.I. Parade. It is further submitted that the petitioner has no criminal antecedent and shall cooperate in any further investigation and shall be present himself as and when required during the course of trial.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Dhaka Patepur P.S. Case No. 178 of 2018.

(Anjana Mishra, J) Jagdish/- U T