Chhotu Kumhar @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29693 of 2015 Arising Out of PS.Case No. -352 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chhotu Kumhar @ Chhotu Kumar Son of Rajesh Mahto , resident of Mohalla- Belbanwa, P.S.- Motihari (Town ), District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2015 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 379 of the Indian Penal Code.
Learned counsel for the petitioner submits that he has not been named in the First Information Report, his name surfaced in the supervision note of the Additional Superintendent of Police, (Sadar), Motihari who has stated that the co-accused Ravi Prakash, Shubham Kumar and Sanni Kumar has confessed with regard to the complicity of this petitioner.
Considering the fact that such confessional statement made before the Police cannot be used against this petitioner as evidence,
Patna High Court Cr.Misc. No.29693 of 2015 (3) dt.27-10-2015 P2/2 let the petitioner, 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 each amount to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari (Town) P.S. Case No. 352 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Anjana Mishra, J) Saif/- U T