Avinash @ Suraj Kumar @ Suraj Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46395 of 2018 Arising Out of PS.Case No. -141 Year- 2018 Thana -KANKARBAGH District- PATNA ======================================================
1. Avinash @ Suraj Kumar @ Suraj Prasad, Son of Raja Prasad Ray, Resident of Village- Dighi Kala (West Yogi Asthan), Police StationHajipur Sadar in the District of Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Section 379 of the Indian Penal Code. The FIR of theft of motorcycle is against unknown. The petitioner was arrested during investigation and he confessed his guilt before the police. However, nothing was recovered from the possession of the petitioner. Submission is that confession before the police has got no evidentiary value. Petitioner is in custody since 21.03.2018. Investigation of the case is already closed.
Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of
Patna High Court Cr.Misc. No.46395 of 2018 (2) dt.03-08-2018 P2/ Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kankarbagh P.S. Case No.141 of 2018, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T