Rajiv Kumar @ Raju Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27559 of 2016 Arising Out of PS.Case No. -97 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Rajiv Kumar @ Raju Mandal Son of Gopal Mandal resident of villageMaksuspur, Koiri Tola, P.S.- Kasim Bazar, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 302/201/379 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though the name of the petitioner is not present in the First Information Report, subsequently, in the confessional statement made before the police by one co-accused who is also not named in the First Information Report, the petitioner's name has surfaced. It is submitted that such a confessional statement made before the police, has no evidentiary value and as such, the statement of the co-accused cannot be considered to rope in the petitioner.

Patna High Court Cr.Misc. No.27559 of 2016 (2) dt.20-08-2016 P2/2 Having heard learned counsel for the petitioner and learned counsel appearing on behalf of the State and also that other similarly situated co-accused has been extended the privilege of anticipatory bail in ABA No. 373 of 2016 by the Court of Sessions Judge, Munger vide order dated 20.06.2016, let the petitioner, in the event of his arrest / surrender 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Muffasil P.S. Case No. 97/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T