Md. Sarfaraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40251 of 2018 Arising Out of PS. Case No.-364 Year-2017 Thana- KADAMKUAN District- Patna ====================================================== Md. Sarfaraj, Son of Md. Irshad, a resident of Khan Mirza Masjid Ghat, P.S.- Sultanganj, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Kadamkuan P.S. Case No. 364 of 2017 registered for the offence punishable under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of committing the murder of the son of the informant, though in the FIR he is not named but during investigation involvement of petitioner has been found.

It has been submitted on behalf of the petitioner that the petitioner has been implicated in this case on the basis of confessional statement of co-accused Chhotu @ Raju Kumar. Similarly, situated co-accused person has been granted bail by a

Patna High Court Cr.Misc. No.40251 of 2018(3) dt.17-09-2018 2/2 co-ordinate bench of this Court vide order dated 14.03.2018 passed in Criminal Miscellaneous No. 7207 of 2018. Petitioner has got no criminal antecedent and is in custody since 19.12.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-judge-VII-cumACJM, Patna, in connection with Kadamkuan P.S. Case No. 364 of 2017.

(S. Kumar, J) ranjan/- U