Md. Yakub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36238 of 2019 Arising Out of PS. Case No.-2 Year-2012 Thana- SIWAN RAIL P.S. District- Saran ====================================================== MD. YAKUB Son of Late Muslim Mian Resident of Village - Kalahata, P.S.- Meerganj, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Siwan Rail P.S. Case No. 02 of 2012 for the offence under Sections 302/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. rather his name has surfaced in this case merely on the basis of confessional statement of the co-accused, namely, Mustaque Ahmad Azizi. The petitioner is rotting in judicial custody since 19.02.2019. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.36238 of 2019(4) dt.04-09-2019 2/2 case, 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 the learned Railway Magistrate, Sonpur, Saran in connection with Siwan Rail P.S. Case No. 02 of 2012.

(Arvind Srivastava, J) brajesh/- U T