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Patna High CourtCR. MISC./41971/2014bail granted

Md. Rizwan @ Mokhtar @ Rizzu v. The State Of Bihar

2015-01-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25057 of 2014 Arising Out of PS.Case No. -210 Year- 2012 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Sonu @ Shakra @ Sonu S/o Md. Abbas Resident of Mohalla Awgila, P.S. Muffassil, District Gaya.

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.41971 of 2014 Arising Out of PS.Case No. -210 Year- 2012 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Md. Rizwan @ Mokhtar @ Rizzu S/o Late Md. Sabbir Resident of Mohalla- Panchaiti Akhara, P.S.- Kotwali, District- Gaya. .... .... Petitioner

Versus

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

(In Cr.Misc. No.25057 of 2014) For the Petitioner : Mr. Satya Veer For the Opposite Party : Mr. Khurshid Anwar(App) (In Cr.Misc. No.41971 of 2014) For the Petitioner : Mr. Sudhir Kumar Sinha For the Opposite Party : Mr. Indu Kumari Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-01-2015 Petitioners are languishing in custody since 14.09.2012 and 21.07.2014 in a case registered for the offences punishable under Sections 302/34 of the I.P.C and 27 of the Arms Act.

It is alleged that informant came out of his house on hearing gunshot firing but found his wife dead causing gunshot injury. Two persons were found fleeing away

Patna High Court Cr.Misc. No.25057 of 2014 (4) dt.08-01-2015 2/2 from the place of occurrence. The F.I.R. was lodged against unknown. During investigation the witnesses raised suspicion against the petitioners.

It is submitted by learned counsel for the petitioners that there is no direct evidence collected during investigation against the petitioners. This fact has not been controverted by learned A.P.P.

Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Adhoc Additional District Judge-II, Gaya/Chief Judicial Magistrate, Gaya in Sessions Trial No. 80 of 2014, 188 of 2014 arising out of Kotwali P.S. Case No. 210 of 2012.

Since the petitioners have criminal antecedent, learned Court below will cancel the bail bonds of the petitioners, if the petitioners will get substantially involved in similar nature of offence or defaults for three consecutive occasions during the trial.

(Dinesh Kumar Singh, J) Shageer/- U T