Patna High CourtCR. MISC./25076/2018allowed

Ajit Kumar @ Ajit Paswan @ Ajit Sahni v. The State Of Bihar

2018-04-25Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.25076 of 2018 (2) dt.25-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25076 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Ajit Kumar @ Ajit Paswan @ Ajit Sahni S/o Sita Ram Sahni, R/o Mohalla- R.M.S. Colony, P.S.- Kankarbagh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gyanendra Kumar Singh For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 12.12.2017 on his remand in connection with Rahui (Wena) P.S. Case No. 90/17 registered for the offences punishable under Sections 395/397/412 of the Indian Penal Code.

Learned counsel for the petitioner submits that though he is not named in the First Information Report, subsequently, on the basis of the confessional statement made before the police by one Ravi Kumar @ Ravi Paswan, the petitioner's name has been drawn in and he is facing prosecution. It is further submitted that no recovery has been made from the petitioner and till date, he has not been placed on T.I. Parade. He further submits that on the basis of the confessional statement

Patna High Court Cr.Misc. No.25076 of 2018 (2) dt.25-04-2018 made before the police, the petitioner cannot be prosecuted as it has no evidentiary value.

In view of 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 Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Rahui (Wena) P.S. Case No. 90/17.

(Anjana Mishra, J) Saif/- U T