Patna High CourtCR. MISC./37812/2017allowed

Jainuddin Miyan v. The State Of Bihar

2017-08-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37812 of 2017 Arising Out of PS.Case No. -76 Year- 2002 Thana -BANMANKHI District- PURNIA ====================================================== Jainuddin Miyan Son of Late Shamsul Mian, R/o Village- Virnagar, Tola Mijrahi, P.S.- Bhargama in the District- of Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. Sri Shailendra Kumar -2,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and State. The petitioner is accused in Banmankhi (Jankinagar) P.S.Case No. 76 of 2002 for the offences under Sections 395 of the Indian Penal Code.

The FIR was lodged against unknown. The name of the petitioner surfaced on the basis of the clue of the alleged Guptchar. The date of alleged occurrence is 8.4.2002. The statement on affidavit in para-3 of the petition is that the petitioner has no criminal antecedent.

Having regard to the fact that the instant case is of the year 2002 and the petitioner, as per his statement on affidavit made in para-3 of the petition, is a man of clean antecedent and also considering the fact that other co-accused have been

Patna High Court Cr.Misc. No.37812 of 2017 (2) dt.19-08-2017 2/2 acquitted in this case, let petitioner, above named, be enlarged 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, Purnea or the successor Court in connection with Banmankhi (Jankinagar) P.S. Case No. 76 of 2002, subject to the condition that the petitioner will extend full cooperation in the conclusion of the trial and will not, in any manner, tamper with the evidence or influence the witnesses. (Anil Kumar Upadhyay, J) S.Pandey/- U T