Patna High CourtCR. MISC./15529/2019bail granted

Md. Masum v. The State Of Bihar

2019-03-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15529 of 2019 Arising Out of PS. Case No.-406 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== MD. MASUM Son of Md. Sanjur Resident of Mohalla- Saharsa Basti, Ward No. 31, P.S.- Saharsa, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 406 of 2018 instituted for the offence under Section(s) 302/34 of the Indian Penal Code and Section 27 of Arms Act.

Learned counsel for petitioner has submitted that petitioner is not named in the written report. In the written report, it is alleged that while the husband of the informant was returning home at 4:30 am, near Iron Factory at Patuaha, some unknown persons killed the husband of the informant by firearm and miscreants fled away towards Sarva Dhala.

The name of this petitioner has surfaced during

Patna High Court CR. MISC. No.15529 of 2019(2) dt.13-03-2019 2/2 investigation in the confessional statement of co-accused Md. Khalid.

Learned counsel for petitioner has also submitted that co-accused namely, Md. Khalid has already been granted bail by a co-ordinate Bench of this Court by order dated 5.10.2018 passed in Criminal Miscellaneous No. 52373 of 2018. Petitioner is in custody since 5.06.2018.

Considering the aforesaid, let the 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 learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 406 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T