Akbar Mian @ Md. Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19083 of 2018 Arising Out of PS. Case No.-3 Year-2015 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Akbar Mian @ Md. Anwar, son of Md. Gaisu Mian, resident of village- Mian Toli (Khusrupur), P.S.- Khusrupur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Sharma For the Opposite Party/s :

Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-07-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Bakhtiarpur GRP Case No. 03 of 2015 registered under Section 401 of the Indian penal Code. Allegation in brief is that police apprehended some miscreants being suspected of committing theft in the train. Submission is that petitioner was neither apprehended at the spot nor any incriminating material has been recovered from his possession. Petitioner was apprehended in this case merely on the basis of confessional statement of co-accused Kundan Kumar and was granted bail by the court below itself. He submits that this petitioner has been in custody since 19.05.2015 and charge has been framed in this case but no prosecution witness has turned up up-till-now.

Patna High Court Cr.Misc. No.19083 of 2018(4) dt.05-07-2018 2/2 Having considered the aforesaid facts and circumstances, the petitioner, namely , Akbar Mian @ Md. Anwar, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM, Railway, Patna Junction in connection with Bakhtiarpur GRP Case No. 03 of 2015.

(Arun Kumar, J) sujit/- U T