Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68045 of 2021 Arising Out of PS. Case No.-561 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

RAJEEV KUMAR Son of Kameshwar Rai 2.

Rupesh Kumar @ Jhunna Son of Yadav Lal Rai Both Residents of village - Rup Chhapara Morahar, P.S.- Sahebganj, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in custody since 04.03.2020, charge-sheet has been submitted and have antecedent of three cases. The informant alleges that three unknown miscreants looted his motorcycle and a mobile at gun point on 24.12.2019. Learned counsel for the petitioners submits that the FIR was against unknown and the petitioners were arrested in

Patna High Court CR. MISC. No.68045 of 2021(2) dt.20-04-2022 2/2 Sahebganj P.S. Case No. 03 of 2020 and were made to confess their participation in the present occurrence. Learned counsel further submits that confession in police custody has no evidentiary value in the eye of law.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioners.

Considering the facts that petitioners are in custody since 04.03.2020, charge-sheet has been submitted and name of the petitioners transpired based on their own confessional statement, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sahebganj P.S. Case No. 561 of 2019, subject to the condition that both the bailors shall be the respective father (Kameshwar Rai) and (Yadav Lal Rai) of the petitioners.

(Satyavrat Verma, J) Kundan/- U T