Md. Murshid @ Musid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32443 of 2019 Arising Out of PS. Case No.-438 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== MD. MURSHID @ MUSID Son of Md. Nezam Resident of Village - Mahchanda, P.S.- Simraha, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Forbesganj P.S. Case No. 438/2018, instituted for offence under Section(s) 392 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. His name has come during investigation in the confessional statement of co-accused There is no recovery of any incriminating article from possession of this petitioner. No T.I.P. has been held in this case. It is mentioned in the impugned order that petitioner has been made accused on the basis of confessional statement of co-accused. It is further mentioned in the impugned order that in para 67 of case diary there is confessional statement of

Patna High Court CR. MISC. No.32443 of 2019(2) dt.16-07-2019 2/2 petitioner.

The other co-accused has already been granted bail by a Co-ordinate Bench of this Court vide order dated 02.04.2019 passed in Cr. Misc. No. 20287/2019. Petitioner is in custody since 13.08.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 the learned Additional Chief Judicial Magistrate Vth, Araria, in connection with Forbesganj P.S. Case No. 438/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T