Milan Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44515 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Milan Das, Son of Late Narayan Das

2. Margub Alam, Son of Abdul Matin

3. Md. Jahagir Alam @ Kachalu, Son of Late Sk. Muslim @ Md. Muslim All residents of village - Kirora, P.S. Balrampur, District Katihar.

4. Uma Nath Sah @ Jagarnath Son of Late Rameshwar Sah, resident of village - Farsara, P.S. Karandighi, District Uttar Dinajpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody since 08.06.2018 in connection with Balrampur P.S. Case No.63 of 2018 registered for the offences under Sections 395, 397 and 354B of the Indian Penal Code.

Learned counsel for the petitioners submits that these petitioners were not named in the FIR, yet on the basis of a confessional statement made before the police by one Dippu Das, the present petitioners have been implicated in connection with the present case. Learned counsel for the petitioners

Patna High Court Cr.Misc. No.44515 of 2018 (2) dt.02-08-2018 2/2 further submits that subsequent to their arrest, neither have they been placed on T.I. Parade nor the seized articles, which are merely house-hold items belonging to the respective petitioners, have been placed for identification on T.I. Parade. It is further submitted that the petitioners are not having any criminal antecedent and the petitioners cannot be prosecution on the basis of the confessional statement made before the police, which has no evidentiary value.

In view of the aforementioned facts and circumstances, let all the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVI, Katihar, in connection with Balrampur P.S. Case No.63 of 2018.

(Anjana Mishra, J) PNM U T