Pappu Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.5425 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5425 of 2018 Arising Out of PS.Case No. -152 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pappu Kumar Yadav S/o Nandu Rai, R/o Village- Rajapur Mathiya, P.S.- Kotwa, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhisekh Kumar @ Sonu, Adv. Mrs. Rashmi Jha, Adv.

For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 20.11.2017 in connection with Kesariya P.S. Case No. 152 of 2016 for the offence registered under Sections 379 of the Indian Penal Code. Learned counsel for the petitioner submits that though the petitioner is not named in the first information report, the petitioner was remanded in connection with the present case on the basis of the confessional statement made before the police by the co-accused, namely, Rakesh Kumar. It is further submitted that such statement is not admissible in law under Section 25 of the Evidence Act.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.5425 of 2018 (2) dt.01-02-2018 the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 11th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Kesariya P.S. Case No. 152 of 2016. (Anjana Mishra, J) Jagdish/- U T