Patna High CourtCR. MISC./3780/2016bail granted

Golu Kumar @ Atul Aditya v. The State Of Bihar

2016-02-09Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.3780 of 2016 (2) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3780 of 2016 Arising Out of PS.Case No. -18 Year- 2014 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Golu Kumar @ Atul Aditya son of Sri Satendra Prasad Singh @ Foolbabu Singh resident of village Tariyani Chapra, P.S. Tariyani, Dist. - Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dashrath Mehta (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 12.10.2015 in connection with Madhuban P.S. Case No. 18 of 2014, registered for offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR rather his name surfaced in connection with the present case in the confessional statement made before the police by one co-accused namely Abhishek Kumar and till date the petitioner has not been case on Test Identification Parade. It is further submitted that there is no

Patna High Court Cr.Misc. No.3780 of 2016 (2) dt.09-02-2016 recovery from the possession of the petitioner. Considering the aforementioned facts and circumstances of the period of custody and also the petitioner is in custody on account of the confessional statement made by co- accused before the police which has no evidentiary value, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, IVth, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 18 of 2014.

(Anjana Mishra, J) siddharth/- U T