Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43644 of 2014 Arising Out of PS.Case No. -21 Year- 2014 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Shambhu Rai Son of Kailash Rai Resident of Village-Arniya, P.S.-Jandaha, District-Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Thakur For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Jandaha P.S. Case No.21/14 for the offence under Sections 392, 411 of I.P.C. and Sections 25 (1-B)a, 26/27/35 of Arms Act. Learned counsel for the petitioner submits that the F.I.R. of the present case is against unknown person and the petitioner has no concern with the same. It is further submitted that during course of investigation when the present petitioner was arrested his confessional statement was made before the police incriminating himself. It was submitted that the same has no evidentiary value and cannot sustain in the eye of law. He further submits that there is no evidence at all so as to implicate the

Patna High Court Cr.Misc. No.43644 of 2014 (2) dt.16-04-2015 2/2 petitioner with the present offence save and except the confession and that he has no criminal antecedent.

Considering the aforesaid submission and also the fact that petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within two weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Ravi Kumar, J.M. 1st Class, Vaishali at Hazipur, in Jandaha P.S. Case No.21/14 subject to the conditions as laid down under Section438(2) of Cr.P.C. (Anjana Mishra, J) AnilKrSinha/- U T