Patna High CourtCR. MISC./33204/2018allowed

Jitendra Kumar @ Jitendra Sah v. The State Of Bihar

2018-07-03Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33204 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Jitendra Kumar @ Jitendra Sah, S/o Vijay Sah @ Bijay Prasad Sah, Resident of Mohalla- Surkhikal, Near Kali Asthan, P.S.- Barari, DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-07-2018 Heard the learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody since 31.01.2018 in connection with Kotwali (Tilakmanjhi) P.S. Case No.49 of 2018, registered under Sections 395, 397 and 396 of the Indian Penal Code. The learned counsel for the petitioner submits that though the petitioner is not named in the FIR yet the name of the petitioner surfaced in the confessional stament of co-accused Kundan Kumar @ Kundan Kumar Sah.

Counsel for the petitioner submits that it is well settled that the statement made before the police has no evidentiary value and furthermore one Kundan Kumar @ Kundan Kumar Sah on whose

Patna High Court Cr.Misc. No.33204 of 2018 (3) dt.03-07-2018 2/2 statement, the petitioner has been implicated, has already been granted regular bail by this Court in Cr.Misc. No.33166 of 2018 vide order dated 25.6.2018.

In view of the aforementioned facts and circumstances and also because the petitioner has got no criminal antecedent, let the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhagalpur, in connection with Kotwali (Tilakmanjhi) P.S. Case No. 49 of 2018.

(Anjana Mishra, J) Sanjeev/- U T