Patna High CourtCR. MISC./44910/2015bail granted

Md. Noman v. The State Of Bihar

2016-02-01Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.44910 of 2015 (3) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44910 of 2015 Arising Out of PS.Case No. -256 Year- 2014 Thana -SIWAN CITY District- SIWAN ======================================================

1. Md. Noman Son of Md. Himayat R/o Sheikh Mohalla, Siwan, P.S. Siwan (Town), District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Dikshit For the Opposite Party/s Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01.02.2016 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 but in course of investigation, vide paras 47 and 48 of the case diary two witnesses claimed that it was Chandan Chaudhary and others who made firing on the deceased and injured Md. Irshad. The name of the petitioner transpired in this case in para 101 of the case diary in which information of spy has been recorded by the Investigating officer and it appears that except the aforesaid material, there is nothing against the petitioner.

Moreover, I.O has not recorded the statement of injuredMd Irshad and submitted charge sheet against the petitioner. 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

Patna High Court Cr.Misc. No.44910 of 2015 (3) dt.01-02-2016 amount each to the satisfaction of the Addl. Sessions Judge III, Siwan in Sessions trial no. 145/2015 arising out of Siwan (Town) P.S. Case no. 256/2014.

shahid (Hemant Kumar Srivastava,J) U T