Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40545 of 2016 Arising Out of PS.Case No. -289 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vishal Kumar Son of Ram Naresh Prasad Kushwaha resident of MohallaKoria Tola Ward No.24, Police Station- Raxaul, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Pandey For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-11-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Diary in this case was called for earlier, which has, since been received.

The petitioner is in custody since 22.06.2016 in connection with Raxaul P.S. Case No. 289/2015 registered for the offences punishable under Section 387 of the Indian Penal Code. Learned counsel for the petitioner submits that though the petitioner was not named in the First Information Report, yet on the basis of the confessional statement made before this police by one Ramesh Kumar, the petitioner has also been drawn in connection with the present case. Similarly, another co-accused Sumit Patel had also made confessional statement wherein the name of the petitioner has come. However, there is no evidence in

Patna High Court Cr.Misc. No.40545 of 2016 (4) dt.21-11-2016 P2/2 the case diary to connect the petitioner with the present occurrence as save and except the confessional statement made before the police by co-accused persons, there is no further cogent material in the case dairy against this petitioner.

Accordingly, let the petitioner abovenamed 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 learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Raxaul P.S. Case No. 289 of 2015. (Anjana Mishra, J) Saif/- U T