Subhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30104 of 2020 Arising Out of PS. Case No.-74 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== SUBHAN S/o- Ramzan Resident of Village- Mirzadpur, P.S.- Route, DistrictPurnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Mr.Diwakar Sinha, Advocates For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2020 Heard Mr. Pankaj Kumar, learned counsel for the petitioner and Mr. Mohammed Arif, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Kochadhaman PS Case No. 74/2020 registered for the offence punishable under Sections 414, 413, 411, 401, 429 and 379 of the IPC.
3. The allegation, as per First Information Report, is that two cows of the informant were stolen and during course of search, he found that his cow was slaughtered and the informant identified his cow from skin and broken horn.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. Learned counsel further submits that upon enquiry, petitioner
Patna High Court CR. MISC. No.30104 of 2020(2) dt.26-11-2020 2/3 has allegedly, confessed that the cow was purchased by him from one Bajrangi @ Shamim for a sum of Rs. 6000/- and he also instructed the petitioner to give five kilograms of meat to one Md. Ishak. Learned counsel for the petitioner further submits that petitioner has got no criminal antecedent and is in custody since 06.03.2020.
5. Learned counsel further submits that no incriminating or corroborating material has been found from the possession of the petitioner except his confessional statement as stated in the FIR.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent of similar nature, I am inclined to grant regular bail to the petitioner on completion of nine months of custody.
7. Accordingly, let the petitioner, Subhan, be released on bail, on completion of nine months of custody, 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, Kishanganj in connection with Kochadhaman PS Case No. 74/2020.
8. It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.30104 of 2020(2) dt.26-11-2020 3/3 bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T