Patna High CourtCR. MISC./23077/2018bail granted

Md. Zafar v. The State Of Bihar

2018-05-14Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23077 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -JALALGARH District- PURNIA ====================================================== Md. Zafar Son of Ainul Haque@ Enul Resident of Village- Bakra, P.S. Jalalgarh, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Smt. Sangeeta Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 14.01.2018 in connection with Jalalgarh P.S. Case No. 02/2018 registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report, but only on the basis of the confessional statement made before the police by one Md. Sadique, the petitioner has been taken into custody. It is submitted that such a confessional statement made before the police has no evidentiary value. It is further submitted that other similarly situated co-accused persons namely, Md. Sahabuddin has been released in connection with the present case in Cr. Misc.

Patna High Court Cr.Misc. No.23077 of 2018 (3) dt.14-05-2018 2/2 No. 17337 of 2018 vide order dated 09.05.2018 and another coaccused Md. Mojahid has also been granted bail in Cr. Misc. No. 17301 of 2018 vide order dated 09.05.2018. It is further submitted that the petitioner has no criminal antecedent and is yet languishing in jail on account of the confessional statement made before the police which has no evidentiary value. Considering 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 S.D.J.M., Purnea, in connection with Jalalgarh P.S. Case No. 02/2018.

(Anjana Mishra, J) Saif/- U T