Jhulan Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35552 of 2017 ======================================================

1. Jhulan Ram, Son of Mandeep Ram,

2. Jogindra Ram @ Yogindra Ram Son of Chandeep Ram, both R/o Village Datiyana, P.S.- Bikram, District- Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Dulhin Bazar P.S. Case No. 65 of 2017 for the office registered under Sections 341, 353, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the name of the present two petitioners have come up on the confessional statement of co-accused, namely, Anil Kumar, who had come back to collect the motorcycle which had been abandoned by two miscreants. It is on the basis of such confessional statement made by the accused that the petitiners are apprehending their arrest. It is further submitted that the petitioners cannot be prosecuted on the basis of confessional statement of co-accused before the police as the same has no

Patna High Court Cr.Misc. No.35552 of 2017 (2) dt.10-08-2017 2/2 evidentiary value.

Considering the aforesaid facts and circumstances of the case and that there is no recovery from the possession of the petitioners, 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 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of ACJM-III, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 65 of 2017, subject to the condition as laid under Section 438(2) Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T