Patna High CourtCR. MISC./65293/2019allowed

Mahabir Kumar @ Mahavir Kumar v. The State Of Bihar

2019-11-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65293 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== MAHABIR KUMAR @ MAHAVIR KUMAR Son of Late Binod Sah Resident of Tikari Road, Mini Bigha, P.S.- Town, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Aurangabad Town P.S. Case No. 379 of 2018 registered for the offence punishable under Sections 420, 379, 34, 411 of the Indian Penal Code.

As per allegation in the FIR, petitioner has looted away the tempo of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Only on the basis of confessional statement, petitioner has been made accused in this case. Confessional statement made before the police has got no evidentiary value in the eye of law. He has not

Patna High Court CR. MISC. No.65293 of 2019(2) dt.04-11-2019 2/2 been put on Test Identification Parade. FIR has been lodged after a delay of two days. Petitioner has no criminal antecedent and he is in custody since 09.06.19.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 379 of 2018.

(Arvind Srivastava, J) sushma/- U T