Md. Ismail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33701 of 2014 Arising Out of PS.Case No. -19 Year- 2009 Thana -KUNALI District- SUPAUL ====================================================== Md. Ismail son of Md. Suleman .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Veena Kumari Jaiswal For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-01-2015 Supplementary counter affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report but in course of investigation, at para-167, 168, 171 and 172 of the case diary, the name of this petitioner surfaced and witnesses stated about the involvement of the petitioner in the alleged crime but from perusal of the aforesaid paragraphs, it appears that the statement of the aforesaid witnesses were recorded after six months of the alleged occurrence and admittedly, the informant claimed himself, an eye witness of the alleged occurrence and named the other person as assailant.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.33701 of 2014 (3) dt.15-01-2015 2/2 well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Supaul in connection with Kunauli ( Dagmara) P.S.Case No. 19 of 2009.

(Hemant Kumar Srivastava, J) Namita/- U