Patna High CourtCR. MISC./39038/2018allowed

Immamuddin v. The State Of Bihar

2018-07-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39038 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Immamuddin, S/o Alluddin, R/o Village- Sisai, P.S.- Sahajitput, DistrictChapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 23.4.2018 in connection with Bhagwanpur Hat P.S. Case No. 90 of 2018 registered for the offence punishable under Sections 272, 273, 308, 420, 399, 402 of the I.P.C. and Section 25 (1-b) a/26/35 of Arms Act and Section 30 (a) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.4.2018. He further submits that recovery of 3.75 liquor and pistol was not in accordance with mandatory requirements of provisions of Section 100 Cr. P.C. and the petitioner was forced to make confessional statement by the police.

Patna High Court Cr.Misc. No.39038 of 2018(2) dt.09-07-2018 2/2 Considering the fact that petitioner is in custody in this case since 23.4.2018, let the petitioner named above is directed to be released on bail after 23.7.2018 on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional District & Sessions Judge II Siwan in connection with Bhagwanpur Hat P.S. Case No. 90 of 2018. (Anil Kumar Upadhyay, J) banti/-T.Kr.