The Court permitted the deletion of a paragraph regarding a pending case in the bail application. It directed the petitioner to seek regular bail and noted that a confessional statement alone does not establish evidence.
Permission granted for deletion of paragraph 13; Petitioner directed to file regular bail application before the court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 58803 of 2023
Arising Out of PS. Case No.-386 Year-2022 Thana- MADHAURAH District- Saran
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Nikesh Kumar S/O Raj Narayan Mahto R/O Village- Phulwaria Farukha, PS Garkha, Dist. Saran at Chapra (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Jagannath Singh, Advocate For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
4 06-12-2023
At the very outset, learned counsel appearing on
behalf of the petitioner seeks to delete the statement made in paragraph no.13 of the bail application that one case is pending against the petitioner, in which he is on bail.
appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.
Patna High Court CR. MISC. No. 58803 of 2023(4) dt.06-12-2023 2/3
team of prosecution unit found liquor being unloaded from a truck and being transferred to another place by a Pick-up Van and the motorcycles. Total quantity of 3051 ltr. of the Indian Made Foreign Liquor was seized and four persons were apprehended.
Patna High Court CR. MISC. No. 58803 of 2023(4) dt.06-12-2023 3/3
confessional statement of co-accused, Chandan Kumar in police custody but such confessional statement taken in the police custody has no evidentiary value, however considering the fact that one criminal case is pending against the petitioner. I find it proper that the petitioner may appear before the court below and file his application for regular bail and on the basis of material available on record, the learned district court may consider to release the petitioner on regular bail, in accordance with law.
10.With the above observation/direction, the present application is disposed of.
(Purnendu Singh, J)
chn/-
U
2 issues framed by the court
Whether permission to delete a specific paragraph from the bail application should be allowed.
Whether the petitioner should be granted pre-arrest bail or directed to seek regular bail.
Nikesh Kumar
The State of Bihar
PURNENDU SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
