Patna High CourtCR. MISC./48352/2015bail granted

Jahangir Mian And ANR v. The State Of Bihar

2016-01-15Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48352 of 2015 Arising Out of PS.Case No. -429 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jahangir Mian Son of Late Saddik Miyan, Resident of Village - Kujalahi, Police Station - Nautan, District - West Champaran.

2. Md. Khalid, Son of Kaleem, Resident of Mohalla - Kalibagh, Bettiah, Police Station - Bettiah Town, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Umesh Lal Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-01-2016 Heard both sides.

The petitioner is apprehending his arrest in Bettiah Muffasil P.S. Case No. 429/2015, registered for the offences punishable under Section 341, 323, 307, 353, 413, 414, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that Sheikh Sahamuddin was apprehended who in his statement stated that the petitioners are the part of the gang of cattle smugglers. He further submits that these petitioners having nothing to do with the sale or purchase of any cattle. The petitioners are being prosecuted on the basis of the statement of Sheikh Sahamuddin before the police which has no evidentiary value.

Patna High Court Cr.Misc. No.48352 of 2015 (2) dt.15-01-2016 2/2 Considering the facts aforesaid and the fact that the petitioners only involved in one other case under Section 406 of the Indian Penal Code in which he was granted bail, let the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah West Champaran in connection with Bettiah Muffasil P.S. Case No. 429/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J.) Vinita/- U T