Md. Sohrab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53176 of 2016 Arising Out of PS.Case No. -422 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Md. Sohrab, Son of Md. Ehsan Ahmad, resident of village - Amar Chhatauni, Police Station - Chhatauni, District - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody in connection with Motihari Town P.S. Case No. 422 of 2016 for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Some unknown criminals fired at the informant as well as at the relative of the informant Keshav Kumar. Both of them have sustained fire-arm injury. Name of this petitioner had transpired in the confessional statement of co-accused Yuvraj Prabhu while confession made in connection with Motihari P.S. Case No.454 of 2016.
Submission is that there is no eyewitness to
Patna High Court Cr.Misc. No.53176 of 2016 (2) dt.08-12-2016 2/2 identify the petitioner as one of the assailant and confessional statement of the co-accused before the police has got no evidentiary value.
Learned Additional Public Prosecutor has opposed the prayer on the ground that petitioner is accused in another case also.
Considering the facts and circumstances, 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 learned Chief Judicial Magistrate, Motihari, East Champaran/Successor Court, in connection with Motihari Town P.S. Case No.422 of 2016. (Birendra Kumar, J) Mkr./- U T