Patna High CourtCR. MISC./44172/2018bail granted

Arvind Shahni v. The State Of Bihar

2018-08-02Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44172 of 2018 Arising Out of PS.Case No. -636 Year- 2015 Thana -PHULWARI District- PATNA ======================================================

1. Arvind Shahni S/o Shivji Sahni, R/o Vill.- Sahtha, P.S.- Bhagwanpur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 18.12.2017 in connection with Phulwari Sharif P.S. Case No. 636/15 registered for the offences punishable under Sections 395/412 of the Indian Penal Code.

Learned counsel for the petitioner submits that the name of the petitioner has not been stated in the First Information Report, but subsequently, on the basis of the confessional statement of one Sakal Kumar, co-accused, the petitioner has been roped in, in connection with the present case. It is further submitted the said co-accused has since been granted bail by this Hon'ble High Court in Cr. Misc. No. 52128 of 2017 vide order

Patna High Court Cr.Misc. No.44172 of 2018 (3) dt.02-08-2018 2/2 dated 06.12.2017. Learned counsel for the petitioner further submits that on the basis of the confessional statement made before the police, the petitioner cannot be prosecuted as the same has no evidentiary value.

Considering the aforementioned facts and circumstances, 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 the learned Additional Chief Judicial Magistrate-XV, Patna, in connection with Phulwari Sharif P.S. Case No. 636/15.

(Anjana Mishra, J) Saif/- U T