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Patna High CourtCR. MISC./27638/2017allowed

Md. Shaif Khan @ Shaif Khan v. The State Of Bihar

2017-07-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27638 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Md. Shaif Khan @ Shaif Khan S/o Md. Nasim, Resident of Khalilpura Phulwari Sharif, P.O. & P.S.- Phulwarisharif, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Mishra For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-07-2017 Heard learned counsels for the petitioner. No one appears for the State to assist the Court.

The petitioner is in custody in connection with Pirbahor P.S. Case No. 25 of 2017 (G. R. No. 628 of 2017) for the offences under Sections 385, 386 and 34 of the Indian Penal Code. The petitioner is in custody since February, 2017. The name of the petitioner surfaced on the confessional statement of co-accused Md. Arif Ali. There is statement in para-3 on affidavit that the petitioner is innocent and has no criminal record or any criminal antecedent.

Having regard to the fact that name of the petitioner was disclosed in the confessional statement of Md. Arif Ali and there is no specific allegation against the petitioner, let the

Patna High Court Cr.Misc. No.27638 of 2017 (2) dt.07-07-2017 2/2 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 the Chief Judicial Magistrate, Patna or the successor Court in connection with Pirbahor P.S. Case No. 25 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, tamper with the evidence and influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T