Pramod Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9492 of 2014 Arising Out of PS.Case No. -572 Year- 2013 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pramod Choudhary S/O Late Shankar Choudhary Resident Of VillagePrakash Nagar (Colony), P.S.- Shikarpur, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. C. Jawahar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-03-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is in custody since 09.09.2013 in a case for the offence registered under Section 364 of the Indian Penal Code. Later, Section 302 of the Indian Penal Code was added.

It is submitted on behalf of the petitioner that neither he is named in the First Information Report nor any eye witness is there to the alleged crime. It is only on the

Patna High Court Cr.Misc. No.9492 of 2014 (8) dt.02-03-2015 2/2 confessional statement made by co-accused coupled with the confessional statement made by the petitioner himself before the police by which he has been made accused in the instant case and that the said confessional statement has no evidentiary value in the eye of law that the petitioner is languishing in jail since 09.09.2013.

Learned counsel for the informant submits that in paragraph-51 of the case diary, petitioner hass himself made a confessional statement stating the manner in which the crime was committed. However, apart from the confessional statement made before the police, there is no other co-gent evidence to implicate the petitioner in the present case. Considering the aforesaid submissions and the period of custody, let the petitioner, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 572 of 2013. (Anjana Mishra, J) Jagdish/- U T