Congress Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49596 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- EAST COLONY District- Munger ====================================================== Congress Yadav, S/o Bhuneshwar Yadav, R/o Vill.- Phulka, P.S.- Jamalpur, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. The F.I.R. was lodged against unknown persons on recovery of dead body of the father of the informant. The dead body revealed that murder has been committed. One accused was apprehended on mere suspicion and in his confessional statement, name of the petitioner surfaced.

Submission is that confession before the Police while in Police custody is no evidence against the person making confession or against the accomplished and there is no other material against the petitioner.

Patna High Court Cr.Misc. No.49596 of 2018(3) dt.02-11-2018 2/2 Finding substance in the submission aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with East Colony Police Station Case No.04 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) abhishek/- U T