Suman Kumar @ Suman Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18643 of 2015 Arising Out of PS.Case No. -479 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ====================================================== Suman Kumar @ Suman Kunwar, Son of Fagu Kunwar, Resident of village - Bakharpur, P.S.- Pirpainti, District - Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Suman Kumar Mishra, Adv. For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 1.12.2014 in connection with Kahalgaon P.S. Case No.479 of 2014, registered for the offence under Section-395 of I.P.C. Learned counsel for the petitioner submits that though he is not named in the F.I.R., the petitioner, while being in custody in connection with Pirpainti P.S. Case No.197 of 2014, was made to confess his guilt in connection with the present case. Learned counsel submits that such confessional statement made before the Police has no evidentiary value and he has no other criminal antecedent save and except the case in which he was arrested.

Patna High Court Cr.Misc. No.18643 of 2015 (3) dt.20-07-2015 2/2 Considering the aforementioned submissions, the period of custody and also the fact that the petitioner cannot be kept bind the bars on the basis of his confessional statement, let the petitioner named above be enlarged on bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned A. Shamim, Judicial Magistrate, J.M.

Bhagalpur, in connection with Kahalgaon P.S. Case No.479 of 2014. (Anjana Mishra, J) K.C.jha/- U T