Sabir Miyan @ Sabir Hussain v. The State Of Bihar

Patna High Court Cr.Misc. No.3234 of 2015 (3) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3234 of 2015 Arising Out of PS.Case No. -11 Year- 2014 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sabir Miyan @ Sabir Hussain Son of Ainul Haque Ansari Resident of village Siswa Asgari, Police Station Banjariya, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 20.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is not named in the first information report and his name surfaced in the confessional statement of co-accused in course of investigation.

The contention on behalf of the petitioner is that one coaccused was arrested in Town Motihari P. S. case no. 451/2013 and in the aforesaid case said co-accused disclosed name of the petitioner and, thereafter, petitioner was made accused in altogether ten cases without any material and present case is also example of the above stated highhandedness of police.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.3234 of 2015 (3) dt.20-04-2015 Motihari, East Champaran in Chhatauni P.S. Case no. 11/2014. shahid (Hemant Kumar Srivastava,J) U T