Patna High CourtCR. MISC./40675/2017bail granted

Md. Gufran v. The State Of Bihar

2017-09-19Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40675 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -BANMANKHI District- PURNIA ======================================================

1. Md. Gufran Son of Md. Niyamuddin @ Naimuddin, R/o Rani PattiWard No.8, P.S.- Kumarkhand, (Belari O.P.), District- Madhepra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.N.K. Agrawal, Sr. Advocate Mr. Dr. Bidhu Ranjan For the Informant : Mr. Jitendra Kumar For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-09-2017 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner is in custody since 15.04.2017 in connection with a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned Senior Counsel for the petitioner submits that admittedly, the informant has not named the petitioner in the First Information Report. It is only in supplementary case diary that on the basis of a confessional statement made by co-accused before the police, the petitioner's name has surfaced. It is well settled that such confessional statement cannot be used against the petitioner especially if made by co-accused. It is also submitted

Patna High Court Cr.Misc. No.40675 of 2017 (2) dt.19-09-2017 2/2 by learned Senior Counsel appearing on behalf of the petitioner that the petitioner has no criminal antecedent. Furthermore, several of the accused persons have since been extended the privilege of regular bail by this Court vide order dated 31.07.2017, 11.08.2017 and 19.08.2017 passed in Cr. Misc. No. 31073 of 2017, Cr. Misc. No. 29587 of 2017 and Cr. Misc. No. 39237 of 2017 respectively.

In view of the aforementioned facts and circumstances, let the petitioner above named, be released 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 3rd Additional Sessions Judge, Purnia, in connection with Banmankhi P.S. Case No. 18 of 2017.

(Anjana Mishra, J) Saif/- U T