Zafar Ali @ Zafar Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45865 of 2018 ====================================================== Zafar Ali @ Zafar Abbas, aged about 20 years, S/o Sheikh Hasmullah, resident of Village- Pathra Mujauna, P.S.- Manjhgarh, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Sager Sharma,Advocate For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 17.05.2018 in connection with Manjhagarh P.S. Case No.18 of 2018 registered for the offence under Sections 420, 467, 468, 471, 120B/34 of the Indian Penal Code and Sections 66 and 67 of the I.T. Act, 2000.

Learned counsel for the petitioner submits that though the petitioner is not named in the F.I.R., his name has surfaced on the confessional statement made by Sheikh Hasmullah, who was arrested from the place of occurrence and thereafter, the petitioner was compelled to make his own confessional statement before the police. It is further submitted that such confessional statement has no evidentiary value and

Patna High Court Cr.Misc. No.45865 of 2018 (2) dt.14-08-2018 2/2 petitioner may not be prosecuted on the basis of such confessional statement.

Having considered the facts and circumstances of the case and the petitioner has no criminal antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj, in connection with Manjhagarh P.S. Case No.18 of 2018.

(Anjana Mishra, J) PNM U T