Mumtaz Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35453 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Mumtaz Ali, son of Haidar Ali @ Ali Hussain, Village- Hardiyan, P.S.- Pachrukhi, District- Siwan.

.... .... Petitioner/s

Versus

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 3.

19-08-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant was waylaid while he was returning from his Sasural on motorcycle by the unknown criminals on the pretext of firearms, looted away motorcycle, mobile set, documents, cash etc. From the case diary, it is evident that spy had informed regarding activity of Vishal Singh gang of which petitioner is one of its member (para-23) and then thereafter, his presence along with others have been through the witnesses who stated that they came to know regarding their activity. Furthermore, from para-41, it is evident that one of the co-accused Sazid Ali @ Chhunu was apprehended in connection with Pachrukhi P.S. Case No.19/2017 along with firearm as well as motorcycle which happens to be the subject matter of instant case and during course of interrogation, he made inculpatory extra judicial confessional statement involving the petitioner also.

Patna High Court Cr.Misc. No.35453 of 2017 (3) dt.19-08-2017 Considering the aforesaid event, petitioner Mumtaz Ali is directed to 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 A.C.J.M., IIIrd, Siwan in connection with Siwan(M) P.S.

Case No.40/2017, Tr.

No.973/2017.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T