Allowed

Md. Sheru @ Md. Sehru v. The State Of Bihar

Patna HC14 Aug 2018CR. MISC./45411/2018

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a criminal case involving offences under Sections 396 and 302 IPC. The release was ordered based on the fact that similarly situated co-accused persons had been granted bail, noting that the petitioner's implication relied on a police confession without evidentiary value.

What did the court decide?

Release on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.

Md. Sheru @ Md. Sehru Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2018)

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Patna High Court Cr.Misc. No.45411 of 2018 (2) dt.14-08-2018

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45411 of 2018

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Arising Out of PS.Case No. -65 Year- 2016 Thana -BANKA District- BANKA

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====================================================== MD. SHERU @ MD. SEHRU S/o Md. Aslam, R/o Vill.- Kharhara, P.S.Barahat, District- Banka.

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.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Manish Kumar 2

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====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER

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2 14-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is in custody since 27.04.2018 in connection with Banka (Barahat) P.S. Case No. 65 of 2016 for the offence registered under Sections 396 of the Indian Penal Code.

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Learned counsel for the petitioner submits that though it is a case under 396 and 302 of the Indian Penal Code, the petitioner is not named in the first information report. It is further submitted that two persons, who had been arrested in connection with the present case, had given the confessional

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Patna High Court Cr.Misc. No.45411 of 2018 (2) dt.14-08-2018

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statement before the police and consequent to the said confessional statement the petitioner has also been implicated in the present case. It is further submitted that the two persons, who had given the confessional statement, have since been extended the privilege of bail vide order dated 12.01.2017 passed in Cr. Misc. No. 49417 of 2016 and vide order dated 30.06.2016 passed in Cr. Misc. No. 20999 of 2016. Thus, the petitioner cannot be prosecuted on the basis of such confessional statement made before the police, as the same has no evidentiary value.

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Considering the aforesaid facts and

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circumstances of the case and that the similarly situated co-accused persons have since been extended the privilege of bail and also the fact that the name of the petitioner has surfaced on the basis of the confessional statement made before the police which has no evidentiary value, 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

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Patna High Court Cr.Misc. No.45411 of 2018 (2) dt.14-08-2018

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satisfaction of Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 65 of 2016.

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(Anjana Mishra, J)

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Jagdish/-

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U T

Md. Sheru @ Md. Sehru v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Sheru @ Md. Sehru v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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