Israil @ Md. Israil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28059 of 2019 Arising Out of PS. Case No.-579 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== Israil @ Md. Israil Son of Abdul Haque, Resident of Village- Lalbathani Mikhiyatola, Police Station- Mufassil, District- Sahabganj (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Kishanganj P. S. Case No. 579 of 2018 dated 12.09.2018 instituted for the offences under Sections 302, 353, 333 and 34 of the Indian Penal Code and Section 27 of the Arms Act. From the perusal of the F.I.R., it appears that a Dacoity had taken place in a house on 11.09.2018. When

Patna High Court CR. MISC. No.28059 of 2019(4) dt.17-08-2019 2/3 the police patrolling party arrived there, the accused persons, on seeing the police party, left the house in helterskelter but also resorted to firing, one of which shot hit one Police Officer, who died during the course of treatment. Three of the accused persons were caught running away from the place of Dacoity by the police. Those arrested accused persons made first confession in which nine other persons were named but the petitioner was not named in the aforesaid confessional statement. Later another confessional statement was made, in which the name of the petitioner has transpired.

With respect to the Dacoity, another case has been lodged, in which the petitioner was made an accused, but he has been granted bail.

In the present case, the petitioner is in custody since 28.10.2018 and apart from the other case, about which reference has been made in the petition, there is no other case against the petitioner.

Regard being had to the aforesaid facts, the petitioner, above-named, is directed to be released on bail

Patna High Court CR. MISC. No.28059 of 2019(4) dt.17-08-2019 3/3 on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P. S. Case No. 579 of 2018.

(Ashutosh Kumar, J) skm/- U