Md. Babar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71290 of 2018 Arising Out of PS. Case No.-196 Year-2017 Thana- VAISHALI District- Vaishali ====================================================== Md. Babar, S/o Late Ashfaq @ Md. Ashafaq, R/o Village- Jaimal Dumari, P.S.- Paru, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manindra Kishore Singh, Advocate.

For the Opposite Party/s :

Mr. Chaubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Vaishali P.S. Case No.196 of 2017 registered under Sections 302/34 of the Indian Penal Code besides Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that on the basis of the fardbeyan of the informant Musafir Rai, the present case was lodged against the two unknown persons, borne on a motorcycle without its registration number. In course of investigation, the police recorded the confessional statement of the co-accused Md. Anzar, who admitted his involvement as also the involvement of the petitioner in the alleged crime.

Patna High Court Cr.Misc. No.71290 of 2018(2) dt.04-12-2018 2/2 Later on, the police got recorded the confessional statement of the petitioner, as detailed in paragraph-4 of the supplementary case diary. Further submission is that the petitioner is accused in 13 other cases, as detailed in paragraph-3 to this application, due to that reason, the police got implicated the petitioner in the present case. Co-accused Md. Anzar, in whose confessional statement the name of the petitioner surfaced, has already been granted bail by a Co-ordinate Bench of this Court vide order dated 05.04.2018 passed in Criminal Misc. No.13980 of 2018. The petitioner, in the present case, is in custody since 07.06.2018.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali P.S. Case No.196 of 2017. (Rajendra Kumar Mishra, J) P.S./- U T