Patna High CourtCR. MISC./30428/2018bail granted

Manish Kumar v. The State Of Bihar

2018-05-18Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.30428 of 2018 (2) dt.18-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30428 of 2018 Arising Out of PS.Case No. -226 Year- 2017 Thana -BAKHTIYARPUR RAIL P.S. DistrictPATNA ======================================================

1. Manish Kumar S/o Lal Babu Rai, R/o Vill.- Kripal Tola, Maujipur, P.S.- Fatuha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kishore Kumar Thakur For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 05.12.2017 in connection with Bakhtiarpur Rail P.S. Case No. 226 of 2017 for the offence registered under Sections 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that though he is not named in the first information report, only some persons were arrested on mere suspicion and during the course of investigation of such persons, in their confessional statement made before the police, the name of the petitioner has surfaced. It is further submitted that the petitioner cannot be prosecuted on the basis of the confessional statement made before the police, which

Patna High Court Cr.Misc. No.30428 of 2018 (2) dt.18-05-2018 has no evidentiary value. It is further submitted that no T.I. Parade has been conducted till date and there is no recovery from the possession of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Railway, Patna in connection with Bakhtiarpur Rail P.S. Case NO. 226 of 2017.

(Anjana Mishra, J) Jagdish/- U T