Pramod Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1953 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================
1. Pramod Yadav, Son of Ramadhin Singh, R/o village - Dihara, P.S. Chandi, District - Nalanda
2. Bachandeo Yadav, Son of Late Pradeep Singh, R/o village - Musimpur, P.S. Chandi, District - Nalanda .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Dhirendra Kumar Sinha For the Opposite Party : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioners as well as learned counsel for the State.
In this application for anticipatory bail, the petitioners apprehend their arrest for the offence punishable under Sections 302/34 of Indian Penal Code and Section 27 of Arms Act.
Allegedly, the petitioners are not named in the First Information Report wherein there is specific allegation against four co-accused who have participated in the crime but during investigation, co-accused Pintu Kumar was taken on police remand and then on the next day, it is alleged that he has made his confessional statement stating the names of the petitioners also in the involvement of the crime.
Patna High Court Cr.Misc. No.1953 of 2017 (3) dt.09-02-2017 2/2 Submission is of false implication and that the confessional statement made before the police has got no evidentiary value in the eye of law and without any legal and cogent materials, petitioners are being searched for their arrest and as such, they deserve sympathetic consideration. The learned Additional Public Prosecutor submits that the names of the petitioners have come during investigation in the confessional statement of co-accused and they have taken active part in the crime.
In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender before the Court below within four weeks from the date of receipt/ production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa in Chandi P.S. case no. 174 of 2016 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure.
(Jitendra Mohan Sharma, J.) rinkee/- U T