Md. Imran @ Gulgul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29705 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Md. Imran @ Gulgul Son of Md. Mobin Resident of village - Dharmpur, Police Station - Sadar, District - Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.35693 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Md. Azad @ Laddu son of Md. Reyazul, resident of Village- Metharapur, P.S. Sadar Muzaffarpur, District- Muzaffarpur .... .... Petitioner

Versus

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

(In Cr.Misc. No.29705 of 2016) For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 (In Cr.Misc. No.35693 of 2016) For the Petitioner/s : Mr. Kamala Kant Tiwary For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody in connection with Kajra P.S. Case No. 04 of 2016 for the offences instituted under Sections 302/34, 379 and 201 of the Indian Penal Code. There is allegation against the petitioners for

Patna High Court Cr.Misc. No.29705 of 2016 (3) dt.06-09-2016 2/3 committing murder of the brother of the informant and thrown the dead body of the deceased at a lonely place, in order to disappear the evidence.

It has been submitted on behalf of the petitioners that the petitioner Md. Imran @ Gulgul is in custody since 19.01.2016 and the petitioner Md. Azad @ Laddu is in custody since 18.02.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. Four persons are named in the First Information Report. The petitioners are not named in the First Information Report and their names have come on the basis of confession. On the confessional statement of petitioner Imran, the motorcycle of the deceased is alleged to have been recovered. It is pointed out that the registration number of the motorcycle mentioned in the First Information Report does not tally with the registration number of the motorcycle recovered, as mentioned in the seizure list.

On behalf of the State it has been submitted that the petitioners are not named in the First Information Report. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of

Patna High Court Cr.Misc. No.29705 of 2016 (3) dt.06-09-2016 3/3 the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Muzaffarpur, in connection with Kajra P.S. Case No. 04 of 2016, S. Tr. No.343 of 2016. (Sudhir Singh, J.) Amit/- U T