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Patna High CourtCR. MISC./58426/2017bail granted

Gulam Ahmad Raza @ Ahmad v. The State Of Bihar

2018-02-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58426 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -SAMSTIPUR RAIL P.S District- SAMASTIPUR ====================================================== Gulam Ahmad Raza @ Ahmad son of Enamul Haque resident of Village - Nurullahpur, P.S. - Khodawandpur, District - Begusarai, at present Chini Mill Chowk, Ward No. 10, P.S. Town Samastipur, District - Samastipur. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kanhaiya Pandey For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-02-2018 Learned counsel for the petitioner is permitted to make necessary corrections in para-15 of the bail application in course of day.

Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Samastipur Rail P.S. Case No.04 of 2017(G.R.P./SPJ/P.S. Case No.04/2017), a case under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The F.I.R. of murder is against unknown.

Submission of the learned counsel for the petitioner is that co-accused Ashok Kumar Ray, who was along with deceased

Patna High Court Cr.Misc. No.58426 of 2017 (3) dt.06-02-2018 2/2 has already been granted anticipatory bail by a coordinate Bench of this court in Cr. Misc. No. 49904 of 2017. Co-accused Birendra Kumar @ Birendra Kumar Jaiswal, who is said to have involved in commission of murder has been granted anticipatory bail by a coordinate Bench of this court in Cr. Misc. No. 50476 of 2017. The name of petitioner transpires in confessional statement of coaccused Md. Chand to the extent that he was seen talking with Birendra Kumar Jaiswal.

Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Amit/- U T