Benga @ Najbuddin @ Najbuddin Ansai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47134 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Benga @ Najbuddin @ Najbuddin Ansai S/o Mainuddin Ansari, R/o village- Beldari Tola, P.S. - Daraunda, District- Siwan. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Aslam Ansari, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 353, 307, 414/34 of the Indian Penal Code and Sections 25(1-b)a 26, 27 and 35 of the Arms Act.
Petitioner is not named in the first information report but it appears that in course of investigation, the name of the petitioner surfaced in this case and, accordingly, he was made accused and remanded in the present case.
Submission on behalf of the petitioner is that for the same occurrence, present case as well as G.B. Nagar P.S. Case No.47 of 2016 were lodged and one co-accused confessed his guilt in G.B. Nagar P.S. Case No.47 of 2016 and also disclosed the
Patna High Court Cr.Misc. No.47134 of 2016 (3) dt.08-12-2016 2/2 name of the petitioner. Thereafter, petitioner was made accused in the present case as well as G.B. Nagar P.S. Case No.47 of 2016. It is submitted that except the aforesaid so-called confessional statement, there is nothing against the petitioner. It is further submitted that petitioner has not been put on Test Identification Parade nor anything has been recovered from his conscious possession.
Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 C.J.M., Siwan in connection with G.B. Nagar P.S. Case No.48 of 2016.
(Hemant Kumar Srivastava, J) N.H./- U T