Md. Kaishar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11611 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== MD. KAISHAR S/o Md. Ramjan Resident of Village- Mornisf, P.S.- Maniyari, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shamimul Hoda For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120(B) of the Indian Penal Code. The prosecution case in short is that the father of the informant was killed by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.6.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The name of the petitioner has transpired on the basis of self-confession made before the police. Section 161 Cr.P.C. statement is not admissible in the eye of law. There is no recovery of any incriminating articles

Patna High Court CR. MISC. No.11611 of 2020(2) dt.28-02-2020 2/2 from the possession of the petitioner nor there is any substantial evidence to suggest his participation in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned IV Additional Sessions Judge, Muzaffarpur in connection with Maniyari P.S. Case No.

139/2019 corresponding to S.T. Case No. 548/2019.

(Sudhir Singh, J) Pankaj/- U T