Khalid Naem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52166 of 2016 Arising Out of PS.Case No. -178 Year- 2016 Thana -ATRI District- GAYA ======================================================

1. Khalid Naem, S/o Late Abdul Naem, Resident of Mohalla- Shakchi Aambagan, P.S. Shakchi Distt- Jamsedpur (Jharkhand) .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar No-1, Adv. For the Opposite Party : Mr. Nityanand, APP 114 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 395 of the Indian Penal Code.

According to the first information report dacoity was committed by un-known person. The name of the petitioner has transpired in the confessional statement of co-accused, Md. Shahid, not as perpetrator of the crime rather as subsequent associate in disposal of the looted item.

Submission is that the petitioner has got no criminal antecedent and confession of co-accused before police has no evidentiary value in the eyes of law.

Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Atri P.S. Case No. 178 of 2016 to the satisfaction of Sri R.R. Prasad, Judicial Magistrate, 1st Class, Gaya, or successor Court.

(Birendra Kumar, J) SA/- U √ T √