Upendra Yadav @ Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58714 of 2017 Arising Out of PS.Case No. -193 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. UPENDRA YADAV @ UPENDRA RAI Son of Shukhlal Rai resident of village - Akdari, P.S. - Chhauradano, District - East Champaran, Motihari. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Mr. Kundan Rathore For the State : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 13.04.2016 in connection with a case registered for the offences punishable under Sections 387/34 of the Indian Penal Code and 27 of the Arms Act and 3⁄4 of the Explosive Substance Act. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report, but only on the basis of confessional statement made before the police by co-accused Rampirt Rai, the name of the petitioner has been included in this case. He submits that the allegations are more against unknown persons and he cannot be prosecuted on the basis

Patna High Court Cr.Misc. No.58714 of 2017 (2) dt.13-12-2017 2/2 of the statement made by a co-accused which 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 S.D.J.M., Raxaul at Motihari (East Champaran) in connection with Chhauradano P.S. Case No. 193/2015.

(Anjana Mishra, J) Saif/- U T