Ganesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29901 of 2015 Arising Out of PS.Case No. -7 Year- 2014 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ganesh Bhagat S/o Singar Bhagat R/o village - Rajwara, P.S. Sahebgunj, Distt. - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Yash Singh, Advocate For the Opposite Party/s : Mr. U.L.Verma, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Dumariyaghat P.S. Case No. 07 of 2014 registered for the offences punishable under Sections 386 and 387/34 of the Indian Penal Code and Section 17 of Cr. L.A. Act.

Earlier case diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report but subsequently, in the confessional statement made before the Police by one co-accused person, whose phone was supposed to have been used for the alleged ransom, the petitioner's name has been

Patna High Court Cr.Misc. No.29901 of 2015 (3) dt.08-10-2015 2/2 surfaced. He further submits that such statement, given before the Police by co-accused, has no evidentiary value and, therefore, the petitioner may be extended the privilege of anticipatory bail. Learned counsel appearing on behalf of the State submits after perusal of the case diary that save and except the confessional statement, there is no further material in the case diary so as to implicate the petitioner.

Considering the aforesaid facts and circumstances, let the above named petitioner, 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 learned Chief Judicial Magistrate, Motihari in connection with Dumariyaghat P.S. Case No. 07 of 2014, G.R. No. 391 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Anjana Mishra, J) Vats/- U T