Madan Kumar @ Madho @ Bibhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30464 of 2016 Arising Out of PS.Case No. -217 Year- 2015 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Madan Kumar @ Madho @ Bibhash Kumar, son of Nawal Mandal @ Nawal Kishore Mandal, resident of Kamardih, Police Station Shambhuganj, District Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s : Mr. Durgesh Nandan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the I.P.C. The allegation is that some unknown persons committed the murder of the nephew of the informant. During investigation the petitioner was arrested and he confessed before the police that he along with other accused committed the murder of the nephew of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has been made accused on the basis of his

Patna High Court Cr.Misc. No.30464 of 2016 (3) dt.08-09-2016 2/2 self statement before the police. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case except the self confession before the police.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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, Bhagalpur in connection with Sultanganj P.S. case No.217 of 2015.

(Sudhir Singh, J) Narendra/- U T