Anwar Mian @ Kallu v. The State Of Bihar

Patna High Court Cr.Misc. No.46928 of 2014 (4) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46928 of 2014 Arising Out of PS.Case No. -13 Year- 2006 Thana -GAYA GRP CASE District- GAYA ======================================================

1. Anwar Mian @ Kallu S/o Late Israil Mian R/o Village Pehani Mian Tola, Manpur, P.S. Buniyadganj, District Gaya. At present Resident of Mohalla Karimganj, P.S. Civil Lines, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 07.05.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 28.5.2014 and the report of Railway Judicial Magistrate, Gaya reveals that up till now, evidence before charge could not be recorded.

No doubt, petitioner carries criminal antecedent of several cases but in the present case, alleged recovery was made from an abandon house and not either from conscious possession of the petitioner or from his house.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Gaya in R.P.F. Case no. 13/2006.

shahid (Hemant Kumar Srivastava,J) U T