Md. Gulzar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7457 of 2020 Arising Out of PS. Case No.-177 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== MD. GULZAR Son of Md. Mojibul Rahman Resident of Village- Naspatti, P.S.- Ladaniya, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-03-2020 Case diary has already been received.

Although, this matter has been listed under heading "For Orders (On Office Notes)" but since the case diary has already been received, there is no hurdle in the way of disposal of this matter.

Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 3.9.2019 in connection with Madhubani Town P.S. Case No. 177 of 2019 registered against unknown for the offence punishable under Section 379 of the Indian Penal Code.

The perusal of case dairy goes to show that the petitioner was arrested by the Investigating Officer only on the basis of suspicion and, subsequently, it is said that petitioner confessed his guilt. Paragraph 3 of the petition goes to show that petitioner does have criminal antecedent of, altogether, eight cases

Patna High Court CR. MISC. No.7457 of 2020(3) dt.19-03-2020 2/2 but submission on behalf of the petitioner is that petitioner was remanded in almost all the above stated cases only on the basis of suspicion as the petitioner was not named in all the above stated cases. The investigation against the petitioner has already been completed and except so-called confessional statement, there is nothing against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 177/2019. (Hemant Kumar Srivastava, J) Spd/- U T