Patna High CourtCR. MISC./32438/2016bail granted

Guddu Rai v. The State Of Bihar

2016-12-16Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32438 of 2016 Arising Out of PS.Case No. -226 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Guddu Rai S/o Shital Rai Resident of Village Purani Sarai, Rampur, P.S Nathnagar, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report, but only on the basis of the confessional statement made before the Police by one Tuntun Mandal, the name of the petitioner has been brought in connection with the present case. He further submits that such a confessional statement before the police has no evidentiary value and he may be extended by the privilege of anticipatory bail. Considering the aforementioned facts and circumstances and that there has been no recovery from the

Patna High Court Cr.Misc. No.32438 of 2016 (2) dt.16-12-2016 P2/2 petitioner and also because such a confessional statement has no evidentiary value, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 226/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T