Rambabu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44094 of 2018 Arising Out of PS.Case No. -81 Year- 2016 Thana -SHYAMPUR BHATHA District- SHEOHAR ======================================================

1. Rambabu Sah S/o Late Kashinath Sah, R/o Vill.- Dumma, P.S.- Hiramma, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 17.05.2018 in connection with Shyampur Bhataha P.S. Case No. 81 of 2016 registered for the offences punishable under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that on the basis of the confessional statement of the co-accused Ajay Sahni, the petitioner has been implicated in connection with the present case. It is further submitted that the said co-accused Ajay Sahni has since been extended the privilege of regular bail in Cr. Misc. No. 34826 of 2017 vide order dated 03.08.2017. It is further submitted that the petitioner cannot be prosecuted on the basis of a

Patna High Court Cr.Misc. No.44094 of 2018 (2) dt.26-07-2018 2/2 statement made by the co-accused before the police as the same has no evidentiary value.

Considering 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 learned Judicial Magistrate, 1st Class, Sheohar, in connection with Shyampur Bhataha P.S. Case No. 81 of 2016.

(Anjana Mishra, J) Saif/- U T