Munna Chaudhary @ Munna Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.30527 of 2016 (3) dt.17-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30527 of 2016 Arising Out of PS.Case No. -521 Year- 2015 Thana -BARACHATTI District- GAYA ====================================================== Munna Chaudhary @ Munna Kumar son of Sitaram Chaudhary, resident of village- Amsot, P.S. Mohanpur, Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Prakash Singh For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the First Information Report of the present case is against unknown persons, but subsequently, one Mithelesh Chaudhary was arrested and during the course of investigation, on the basis of confessional statement made before the police, the petitioner's name has surfaced. It is further submitted that the said Mithlesh Choudhary has been extended the privilege of regular bail in B.A. No. 83 of 2016 vide order dated 07.01.2016. So far as this petitioner is concerned, it is submitted that he cannot be prosecuted on the
Patna High Court Cr.Misc. No.30527 of 2016 (3) dt.17-08-2016 basis of confessional statement made by the co-accused which has no evidentiary value.
In view of the facts and circumstances and also the fact that this petitioner has no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 521 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Anjana Mishra, J) Saif/- U T