Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4487 of 2015 Arising Out of PS.Case No. -301 Year- 2013 Thana -ALAMGANJ District- PATNA ====================================================== Md. Afroz Son of Md. Shamim Resident of Badi Masjid, Police StationAlamganj, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Alamganj P.S. Case No. 301 of 2013 registered under Section 302/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. In course of investigation, the Police recorded the confessional statement of Md. Suleman, who disclosed the name of the petitioner and five others showing the involvement of the petitioner without stating any overt act. Later on, witnesses in paragraph nos. 23 and 24 have disclosed the name of the petitioner but they have simply named the petitioner without any overt act. It is further submitted that informant has claimed to identify the assailant of

Patna High Court Cr.Misc. No.4487 of 2015 (3) dt.04-03-2015 2/2 the deceased but petitioner has not yet been put on test identification parade, while he is in custody since 14.07.2014. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna City, Patna in connection with Alamganj P.S. Case No. 301 of 2013. Out of two sureties, one surety must be the parents/close relatives of the petitioner.

(Rajendra Kumar Mishra, J.) Shail/- U T