Patna High CourtCR. MISC./20805/2018bail granted

Gulabo @ Shahzad @ Shazad Ali Mishkar v. The State Of Bihar

2018-04-09Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20805 of 2018 Arising Out of PS.Case No. -257 Year- 2017 Thana -BASANTPUR District- SIWAN ====================================================== Gulabo @ Shahzad @ Shazad Ali Mishkar , son of Azam Miya, resident of village- Tetahali, P.S.- Barhariya, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Singh For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-04-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Sessions Trial No. 598 of 2017 arising out of Basantpur P.S.Case No. 257 of 2017 registered under Sections 302/120B of the Indian penal Code and 25(1-b) a/26 and 27 of the Arms Act. Allegation in brief is that FIR named accused persons along with some unknown entered into the house of the informant and shot at Minhaj Khan.

Submission is that petitioner is not named in the FIR though there is seven named accused persons in the FIR and have been identified by the informant and there is no material against the petitioner except disclosure of his name by one of the co-accused in his confessional statement, besides this, all FIR named accused persons, namely, Arman Khan, Shahzad Ali, Afroz @ Pappu

Patna High Court Cr.Misc. No.20805 of 2018 (2) dt.09-04-2018 2/2 Khan, Eliyas @ Aliyas Khan, Rahimudin Khan and Faishal Khan, have been admitted to bail by co-ordinate Benches of this Court vide order dated 17.11.2017, 30.11.2017, 11.01.2018, 16.01.2018 and 05.03.2018 passed in Cr. Misc. No. 54761 of 2017, Cr. Misc. No. 56616 of 2017, Cr. Misc. No. 62787 of 2017, Cr. Misc. No. 1134 of 2018, Cr. Misc. No. 2691 of 2018 and Cr. Misc. No. 6264 of 2018 respectively.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Gulabo @ Shahzad @ Shazad Ali Mishkar is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge1st, Siwan in connection with Sessions Trial No. 598 of 2017 arising out of Basantpur P.S.Case No. 257 of 2017. (Arun Kumar, J) Sujit/- U T