Patna High CourtCR. MISC./9935/2017bail granted

Md. Mister @ Mister v. The State Of Bihar

2017-03-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9935 of 2017 Arising Out of PS.Case No. -255 Year- 2016 Thana -JHAJHA District- JAMUI ====================================================== Md. Mister @ Mister, son of Md. Salim Shah, Resident of Islamnagar, P.S. & District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash Parasar, Advocate.

For the Opposite Party : Mr. Satyendra Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-03-2017 Heard both sides.

The petitioner seeks bail in Jhajha P.S. Case No. 255 of 2016, registered for the offences punishable under Sections 302, 201, 120(B) read with Section 34 of the Indian Penal Code. Md. Farid Ansari @ Farid Mian lodged a case against Irfan Mian and eight others. The petitioner is not named in the FIR. The informant alleged that Jahir Ansari took his son Rashid Mian @ Rashid Ansari. Irfan Mian, Karu Mian and Rahim Mian were also following the son of the informant and Jahir Ansari. Later on, the informant got information that two dead bodies were found in a forest. The informant identified the dead body of his son and Jahir Ansari.

Learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.9935 of 2017 (3) dt.22-03-2017 2/2 absolutely no material against the petitioner. During course of investigation Aiman Mallick and Md. Sajid Ahmad confessed their guilt in paragraph 63 and 64 of the case diary before the police and they disclosed the name of the petitioner as one of the accomplice. Save and except confession of the co-accused that too before the police, the police did not collect any further material to substantiate the involvement of the petitioner in the double murder.

Considering the facts aforesaid the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Jamui in Jhajha P.S. Case No. 255 of 2016.

(Prabhat Kumar Jha, J.) KKSINHA/- U T