Liyakat Mian @ Leyakat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8417 of 2016 Arising Out of PS.Case No. -169 Year- 2015 Thana -RAGHUNATHPUR District- SIWAN ======================================================
1. Liyakat Mian @ Layakat
2. Akber Mian
3. Saheb Hussain @ Bhandola All Sons of Bukhari Mian All residents of Village : Patar, P.S. - Raghunathpur, District - Siwan. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Raghunathpur PS case no. 169 of 2015 for allegedly having committed the offence under Sections 302, 201/34 of the Indian Penal Code.
Case diary has been called for which has been received.
Learned counsel for the petitioners submit that petitioners are not named in the FIR and that only subsequently one of the witnesses in para 4 has stated that the petitioners are also among the persons who have conspired to kill the deceased.
Patna High Court Cr.Misc. No.8417 of 2016 (3) dt.17-05-2016 2/2 Learned counsel for the State after perusal of the confessional statement submits that except the statement made in para 40, there is no other material in the case diary to implicate the petitioners.
Considering that the name of the petitioner has surfaced only on suspicion but the fact is that the petitioners have no connection whatsoever with the family of the deceased, let the petitioners, abovenamed, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/ production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-IV, Siwan in connection with Raghunathpur PS case no. 169 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J.) rinkee/- U