Md. Jiyauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40067 of 2016 Arising Out of PS.Case No. -230 Year- 2015 Thana -KOTWALI District- MUNGER ====================================================== Md. Jiyauddin, Son of Late Md. Sarif, Resident of Banoda, P.S.- Muffasil, District- Munger .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajit Kumar Singh, Advocate For the Opposite Party : Mr. Tapeshwar Sharma (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-11-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 19.05.2016 in connection with Kotwali P.S. Case No. 230 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that he is not named in the FIR, subsequently his name has surfaced on the confessional statement made by one co-accused Md. Mustakim which has no evidentiary value. It is further submitted that the said Md. Mustakim has since been extended the privilege of regular bail vide order dated 11.03.2016 passed in Cr. Misc. No. 2149 of 2016 and another co-accused Md. Shanni @ Md. Rizwan has also

Patna High Court Cr.Misc. No.40067 of 2016 (3) dt.08-11-2016 2/2 been granted regular bail vide order dated 06.09.2016 passed in Crl. Misc. No. 26232 of 2016.

In view of the aforementioned facts and circumstances and that there is no further cogent material in the case diary against the petitioner, let the 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, Munger in Kotwali in connection with Kotwali P.S. Case No. 230 of 2015. (Anjana Mishra, J.) ravi/- U T