Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.131 of 2016 Arising Out of PS.Case No. -46 Year- 2015 Thana -CHANAN District- BANKA ======================================================
1. Ashok Yadav son of Janardhan Yadv, resident of village-Simariya, P.S.- Chandan, District- Banka .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Md. Ashlam Ansari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 21.08.2015 in connection with a case registered the offences punishable under Section 364 of the Indian Penal Code.
Learned counsel for the petitioner submits that though the petitioner is in custody in connection with the present case and the victim was recovered the day following the First Information Report, there is no statement under Section 164 Cr. P.C. He further submits that till date no Test Identification Parade has been held so as to verify the veracity of the prosecution story. Learned counsel appearing on behalf of the State submits after perusing the case dairy it appears that the petitioner in his confessional statement has confessed his guilt. In response thereto, learned
Patna High Court Cr.Misc. No.131 of 2016 (3) dt.05-02-2016 P2/2 counsel for the petitioner submits that the said statement of the petitioner has got no evidentiary value.
Considering the aforementioned facts and circumstances of the case and also the period of custody, let the petitioner Ashok Yadav 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 learned Chief Judicial Magistrate, Banka in connection with Chandan P.S. Case No. 46 of 2015. (Anjana Mishra, J) Saif/- U T