Bal Mukund Nirala @ Rahul Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79719 of 2018 Arising Out of PS. Case No.-548 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Bal Mukund Nirala @ Rahul Sharma, Son of Mohan Kumar Resident of Village - Purushottampur, P.S.- Ghoshi, District -Jehanabad at present Adarsh Nagar Tatisilway, Namkum Tankhi, Jharkhand -835103 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-02-2019 Heard the learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody since 10.09.2018 in connection with Masaurhi P.S. Case No.548 of 2018, registered under Sections 392, 302 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is facing prosecution on account of the fact that on his confessional statement, the vehicle which is alleged to have been hired by the nephew of the informant to carry liquor was recovered from a workshop. It is further submitted that on the basis of such information, having been received, the petitioner was taken into custody and he gave his confessional statement before the police. Learned counsel for the petitioner further

Patna High Court Cr.Misc. No.79719 of 2018(3) dt.21-02-2019 2/2 submits that even if the confessional statement made before the police is taken into consideration to prosecute the petitioner, it can be said that in the said confessional statement only reference and the role assigned to himself is that he had alleged to have involved in the repair of the vehicle, he was not responsible for killing the nephew of the informant. It is also submitted that it is well settled that the petitioner cannot be convicted on the basis of own self confessional statement made before the police which has no evidentiary value.

Having considered the entire facts and circumstances of the case and upon consideration of the diary which had earlier been called for and which after perusal of the State counsel does not indicate any further cogent evidence against the petitioner, let the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-V, in connection with Masaurhi P.S. Case No.548 of 2018.

(Anjana Mishra, J) sanjeev/- U T