Mahesh Ray @ Maheshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47277 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Mahesh Ray @ Maheshwar Ray, son of Sri Munga Ray, resident of VillageBangara Muja, P.S.- Deoria, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party/s : Mr. Sri Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-11-2016 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 Deoriya P.S. Case No.73 of 2016 (G.R.No.1964 of 2016) for allegedly having committed the offence under Sections 413, 414 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the present petitioner is named in the F.I.R. only on the basis of the confessional statement made by a co-accused, who was arrested along with the motorcycle. The petitioner has no criminal history and he cannot be prosecuted on the basis of the confessional statement made before the police by a co-
Patna High Court Cr.Misc. No.47277 of 2016 (2) dt.24-11-2016 2/2 accused, which has no evidentiary value.
In view of 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 Shri A.K. Singh, learned 1st Class Judicial Magistrate, Muzaffarpur, in connection with Deoriya P.S. Case No.73 of 2016 (G.R.No.1964 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T