Patna High CourtCR. MISC./3686/2016bail granted

Md. Izhar v. The State Of Bihar

2016-02-08Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.3686 of 2016 (2) dt.08-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3686 of 2016 Arising Out of PS.Case No. -683 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Izhar son of Late Md. Mazid @ Manjhi resident of Lal Bagh, Jhoparpatti, P.S.- Tilkamanjhi, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Jha, Advocate. For the Opposite Party : Mr. Smt. Anita Kumari(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 5.11.2015 in connection with Kotwali (Barari) P.S. Case No.683/2015 for the offences punishable under Sections 399, 402 of the Indian Penal Code and under Sections 25 (1-b)a,26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the name of the petitioner has come on the confessional statement of coaccused namely Md. Gulam @ Babuwa, who was arrested from the place of occurrence along with some arms. It is further submitted by the petitioner that the said Md. Gulam @ Babuwa is the elder brother of the petitioner with whom he has serious enmity and he has been naming the petitioner in most of the

Patna High Court Cr.Misc. No.3686 of 2016 (2) dt.08-02-2016 confessional statements made by him before the police earlier also. He further submits that the person, who was arrested from the place of occurrence namely Md. Daud has been extended the privilege of regular bail by this Court in Crl. Misc. No.1108/2016 vide order dated 12.01.2016.

Considering the aforementioned facts and circumstances of the case and also that the petitioner name has surfaced on the basis of confessional statement of co-accused, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 683/2015 corresponding to G.R. No. 3874/2015. (Anjana Mishra, J.) Amit/- U T