Akhtar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16547 of 2016 Arising Out of PS.Case No. -245 Year- 2014 Thana -DARAUNDA District- SIWAN ====================================================== Akhtar Mian, son of Kinu Mian, resident of village - Kishunbari, P.S.- Siswan, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 395, 397 and 412 of the Indian Penal Code. Petitioner is not named in the first information report but from perusal of the impugned order, I find that the learned Additional Sessions Judge has mentioned that in paragraphs 4, 8, 25, 46, 47, 52, 89 and paragraph-40 of the supplementary case diary sufficient materials were found against the petitioner but the Additional Sessions Judge had noticed in the impugned order that the name of petitioner came in confessional statement of coaccused which has been incorporated at paragraph-25 of the case diary and so far as paragraph-52 of the case diary is concerned, the learned Additional Sessions Judge has mentioned that on the

Patna High Court Cr.Misc. No.16547 of 2016 (2) dt.26-04-2016 2/2 aforesaid paragraphs, I.O. incorporated the supervision note of Dy.S.P..

Learned counsel for the petitioner submits that except confessional statement of co-accused, there is nothing against the petitioner and moreover, petitioner is in jail custody since 14.10.2015 and up till now he has not been put on T.I. Parade. Considering the aforesaid submissions as well as this aspect of the matter that petitioner does not have any criminal antecedent and except confessional statement, there appears to be nothing against him, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Siwan in connection with Daronda P.S. Case No.245 of 2014. (Hemant Kumar Srivastava, J) N.H./- U T