Sudhir Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.30285 of 2015 (2) dt.05-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30285 of 2015 Arising Out of PS.Case No. -731 Year- 2014 Thana -BIHTA District- PATNA ======================================================

1. Sudhir Kumar son of Mithilesh Kumar Singh

2. Kunal Kumar son of Nand Gopal Ram Both resident of village - Sikandarpur, Police Station - Bihta, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Bihta P.S. Case No. 731 of 2014 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the name of the petitioners has surfaced in connection with the present case only on account of the confessional statement made by co-accused, namely Dinesh Kumar. It is further submitted that the confessional statement made before the police is not admissible in evidence and only because there was land dispute existing between the parties present case has been lodged.

Considering the aforesaid submissions and also

Patna High Court Cr.Misc. No.30285 of 2015 (2) dt.05-08-2015 the fact that the petitioners have no criminal antecedent, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Danapur, Patna in connection with Bihta P.S. Case No. 731 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T