Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44523 of 2018 Arising Out of PS.Case No. -71 Year- 2018 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Murari Kumar, Son of Arun Singh, Resident of Village- Jhitkahiyan Medarna @ Gopinathpur, P.S.- Belsar O.P., District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Chandra Jha For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 27.03.2018 in connection with Vaishali (Belsar OP) P.S. Case No. 71/18 registered for the offences punishable under Sections 395/412of the Indian Penal Code and Sections 25(1-B), 26/35 of the Arms Act.

Learned counsel for the petitioner submits that though it has been alleged that the recovery of the looted motorcycle was from the possession of the petitioner, but actually the same was recovered during the course of checking and the petitioner was merely a by-stander and was asked to sign on the seizure-list, but he was not agreeing to do so. The petitioner has been named in connection with the present case and the said recovery has been attributed to himself. It is further submitted that

Patna High Court Cr.Misc. No.44523 of 2018 (2) dt.06-08-2018 2/2 after his arrest, the petitioner was made to give a confessional statement before the police which has no evidentiary value. It is further submitted that till date, the petitioner has not been placed on T.I. Parade though he is languishing in jail for more than ten months.

Considering the aforementioned facts and circumstances, let the petitioner above named, 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali (Belsar OP) P.S. Case No. 71/18.

(Anjana Mishra, J) Saif/- U T