Md. Sharuk @ Bunny Khan @ Bunny v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38646 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Md. Sharuk @ Bunny Khan @ Bunny son of Late Md. Nayyer Azam resident of Mohalla- Barahpura, Police Station - Ishakchak (Tilkamanjhi), District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate. For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-11-2016 Heard both sides.

The petitioner seeks bail in Ishakchak (Tilkamanjhi) P.S. Case No. 27 of 2016 registered under Section 393 of the Indian Penal Code and 25(1-B)a, 35 of the Arms Act. The informant alleged that three persons came on a motorcycle and one person pointed out pistol at the informant's waist and another person caught him but in the meantime the police vehicle came there and the accused persons fled away. It is submitted that the petitioner is not named in the F.I.R. Name of the petitioner figured in the case in the confessional statement of Gaurav Kumar Pandey. Gaurav Kumar Pandey has already been enlarged on bail. The petitioner is in jail since 19.04.2016. The learned A.P.P. did not dispute the facts that the petitioner is not named in the F.I.R. and the name of the petitioner

Patna High Court Cr.Misc. No.38646 of 2016 (3) dt.19-11-2016 2/2 figured in the case in the confessional statement of a co-accused but nothing has been recovered from the possession of the petitioner and the petitioner has not been put on T.I.P. although he is in jail since 19.04.2016.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned A.C.J.M. VI, Bhagalpur in Ishakchak (Tilkamanjhi) P.S. Case No. 27 of 2016. (Prabhat Kumar Jha, J) Dilip/- U T