Madhurendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16389 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Madhurendra Kumar Singh S/o Late Baidyanath Singh, R/o VillageRatansayar, P.S.- Patohi, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner apprehends his arrest in connection with Patahi P.S. Case No.131 of 2017 for the offence registered under Sections 386/387/452/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the main allegation in the FIR is alleged against one Brajesh Kumar and not against this petitioner. Petitioner is not named in the FIR and it is only confessional statement made before the police by the said Brajesh Kumar, the petitioner is apprehending his arrest. Considering the fact that such statement made before the police is not admissible, save and except one case in Excise
Patna High Court Cr.Misc. No.16389 of 2018 (2) dt.06-04-2018 P2/ Act the petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, East Champaran, Motihari, in connection with Patahi P.S. Case No.131 of 2017, subject to the condition as laid under Section 438(2) Cr.P.C. (Anjana Mishra, J) Mkr./- U T