Anwar v. The State Of Bihar

Patna High Court Cr.Misc. No.17085 of 2016 (3) dt.26-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17085 of 2016 Arising Out of PS.Case No. -334 Year- 2015 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Anwar Son of Md. Motiv Resident of village - Manpur, P.S. Goraul, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anish Kumar, Advocate For the Opposite Party : Mr. Ajay Kumar-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody since 22.01.2016 in connection with Goraul P.S.Case No.334 of 2015 registered for the offence under Sections 395 and 397 of the IPC.

As per the prosecution case, it is alleged by the informant that he along with 3-4 unknown persons on 08.11.2015 at 1 A.M. in the night attacked on the informant when he alongwith his family members were sleeping and one person assaulted on his head with danda and caused injury and thereafter they tied his both hands and when his grand daughter and son raised hulla they were also assaulted and received injury. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.17085 of 2016 (3) dt.26-05-2016 petitioner is in custody since 22.01.2016. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. Petitioner is not named in the FIR. Petitioner has been made accused on the basis of the confessional statement of a co-accused. There is no recovery of any incriminating article. Petitioner has not been put on test identification parade to ascertain his implication in the present case.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 CJM, Vaishali at Hajipur in connection with Goraul P.S.Case No.334 of 2015, G.R.No.5504 of 2015 (Sudhir Singh, J) Brajesh Kr./- U T