Md. Riyasat @ Md. Riyasat Miayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27719 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -KORHA District- KATIHAR ====================================================== Md. Riyasat @ Md. Riyasat Miayan, S/o Late Jandu Maiyan, resident of village - Akamba, P.S. Korha, District - Katihar .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 05-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 392, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

The informant has alleged that the petitioner, Md. Sabil @ Md. Sabol, Md. Rahim and another person, who called the deceased on mobile, have killed his father.

It is submitted that there is no specific allegation of overt act against the petitioner except the confessional statement of the co-accused Manoj Kumar. No recovery has been made from the possession of the petitioner. He is aged about 72 years and he has been in custody since 18.11.2014 having no criminal antecedent.

Patna High Court Cr.Misc. No.27719 of 2015 (2) dt.05-08-2015 2/2 In similar facts and circumstances, the co-accused Md. Sabil @ Md. Sabol and Md. Rahim, son-in-law and son of the petitioner, have been granted bail vide Cr. Misc. No.4237/2015 (Annexure2). Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in Korha P.S. Case No.47 of 2014 with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T