Patna High CourtCR. MISC./38685/2016bail granted

Ladan Ali @ Ladan Mian v. The State Of Bihar

2017-02-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38685 of 2016 Arising Out of PS.Case No. -169 Year- 2015 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Ladan Ali @ Ladan Mian Son of Shamsuddin Mian @ Samsuddin Mian Resident of Village- Patar Gola, Police Station -Raghunathpur, District Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302, 201/34 of the Indian Penal Code registered in connection with Raghunathpur P.S. Case No. 169 of 2015.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there are no eye witnesses to the occurrence. It is further submitted that except the extra judicial confessional statement of the petitioner's father Shamsuddin Mian @ Samsuddin Mian there is no material to connect the petitioner with the alleged offence. Similarly situated co-accused persons have been granted bail by this Court in Cr. Misc. No. 8417 of 2016.

Patna High Court Cr.Misc. No.38685 of 2016 (3) dt.06-02-2017

4. Learned APP on the basis of case diary opposes the anticipatory bail petition submitting that the informant in her further statement has supported the accusations in the FIR.

5. Having regard to the entirety of the facts and circumstances of the case as well as the fact that the similarly situated co-accused have been granted bail including Shamsuddin Mian @ Samsuddin Mian in Criminal Misc. No. 8853 of 2016, the provisional anticipatory bail granted to the petitioner by this Court's order dated 26.09.2016 in connection with Raghunathpur P.S. Case No. 169 of 2015 pending in the Court of learned Additional Chief Judicial Magistrate IV, Siwan is hereby confirmed subject to the conditions as laid down in the aforesaid order dated 26.09.2016.

(Vikash Jain, J) Chandran/Ibrar U T