Samsher And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36443 of 2016 Arising Out of PS.Case No. -487 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Samsher, S/O Usman

2. Saddam S/O Sabir Both resident of Village- Ghoraghat, P.S.- Forbesganj, District- Araria .... .... Petitioners

Versus

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

For the Petitioners : Mr. Anil Prasad Singh, Advocate For the Opposite Party : Mr. Shailendra Kumar Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-11-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Forbesganj P.S. Case No.487 of 2015 registered for the offences punishable under Sections 413, 414 and 420/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that allegation against the petitioners is that certain recovery of motorcycles was made from the house of one Md. Salim. So far as the petitioners are concerned, their names have surfaced in the confessional statement made before the police by the said Md. Salim which has no evidentiary value. Counsel for the petitioners has brought on record by way of supplementary affidavit stating

Patna High Court Cr.Misc. No.36443 of 2016 (3) dt.17-11-2016 2/2 that apart from the implication in the present case, there is one criminal antecedent against them which had not been placed before this court earlier due to inadvertence. Having considering the facts and circumstances of the case and the nature of allegations and also that the statement made before the police by co-accused has no evidentiary value, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of four 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 learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 487 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) ravi/- U T