Saheb Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55201 of 2015 Arising Out of PS.Case No. -161 Year- 2015 Thana -BARHARIA District- SIWAN ======================================================

1. Saheb Hussain son of Rasmadin Ansari resident of village- Narharpur, P.S.- Barharia, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Adv. For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Barharia P.S. Case No.161 of 2015 for the offences punishable under Sections 302,307/34 of Indian Penal Code. Learned counsel for the petitioner with reference to the F.I.R. has submitted that the assailants have been specifically named in the F.I.R. and at no place the name of the petitioner mentioned. With reference to the order passed by the Court below he submits that it is on the restatement of the informant recorded in paragraph 19 of the case diary that he has been subsequently involved in the matter.

Having heard learned counsel for the parties and taking note

Patna High Court Cr.Misc. No.55201 of 2015 (2) dt.18-12-2015 2/2 of the submissions of learned counsel, let the petitioner namely, Saheb Hussain in the event of their arrest/surrender within four weeks from today, be released on bail upon furnishing bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Barharia P.S. Case No. 161 of 2015 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

(Jyoti Saran, J) Bibhash/- U