Ladan Ansari @ Seraj Ali @ Ladal Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65991 of 2018 Arising Out of PS. Case No.-103 Year-2018 Thana- MASHRAK District- Saran ====================================================== Ladan Ansari @ Seraj Ali @ Ladal Ansari, S/o Aklu Ansari, Resident of Nagra, P.S. Nagra (O.P.) Khaira, Distt.-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Mashrak P.S. Case No.103 of 2018 for allegedly having committed the offence under Sections 399, 402, 420, 467, 468 and 471 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that though the petitioner is named in the F.I.R., his name has surfaced only on the basis of the confessional statement made before the police by one Shahrukh Khan, who was apprehended from the place of occurrence. It is further submitted that it is well settled that the confessional statement made before the police has no evidentiary value

Patna High Court Cr.Misc. No.65991 of 2018(2) dt.19-12-2018 2/2 and, therefore, the prosecution on the basis of such confessional statement would not hold good. It is further submitted that the petitioner is not having any criminal antecedents and since he has inimical terms with coaccused, he has been named in connection with the present case. There is no recovery from his possession. Considering the aforementioned facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned A.C.J.M.-VI, Saran, at Chapra, in connection with Mashrak P.S. Case No.103 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T