Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5935 of 2018 Arising Out of PS.Case No. -130 Year- 2017 Thana -ARIYARI District- SHEIKHPURA ====================================================== Gaurav Kumar, S/o Shiv Paswan @ Shiv Prasad, R/o Village- Sasbahna, P.S.- Ariyari (Kasar), District- Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan Prasad No.1, Advocate Mr. Vijay Prakash Bhargava, Advocate For the Opposite Party/s : Mr. Sri Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 23.08.2017 in connection with Ariyari (Kasar) P.S. Case No.130 of 2017 registered for the offence under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not named in the F.I.R., on the basis of his selfconfession made before the police, name of the petitioner has also been brought in connection with the present case. There is no recovery from the conscious possession of the petitioner and till date, he has not been put on T.I. Parade. Considering the entire facts and circumstances of the

Patna High Court Cr.Misc. No.5935 of 2018 (3) dt.17-02-2018 2/2 case and it is a well settled law that the petitioner cannot be implicated on the basis of his self-confessional statement made before the police, which has no evidentiary value, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura, in connection with Ariyari (Kasar) P.S. Case No.130 of 2017.

(Anjana Mishra, J) PNM U T