Md. Ishak @ Md. Isak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42998 of 2019 Arising Out of PS. Case No.-106 Year-2018 Thana- JHANJHARPUR District- Madhubani ====================================================== MD. ISHAK @ MD. ISAK, aged about 33 years, Male, Son of Tunai Miyan, Resident of Village - Mahthor Goth, P.S.- Ansharamath, Dist.- Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Manish Kumar No. 13, Advocate.
For the Opposite Party :
Mrs. Renu Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 21.02.2019 in a case for the offence registered under Sections 394, 302, 307 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that after closing the shop while the informant was going to the shop of his brotherin-law, three miscreants riding on Motorcycle intercepted him and tried to snatch articles from him and he raised alarm, one criminal fired upon him as a result of which, he became injured and they fled away after looting Rs. 25,000/- from him. Thereafter, he heard another firing which was made on the
Patna High Court CR. MISC. No.42998 of 2019(2) dt.15-07-2019 2/3 father-in-law of his sister who died in the Hospital. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of co-accused Md. Safiullah Sah @ Safiullah. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Other co-accused have been granted bail by another Co-ordinate Benches of this Court vide Cr. Misc. No. 2421 of 2019 under order dated 18.01.2019 and Cr. Misc. No. 8067 of 2019 under order dated 13.02.2019 vide Annexure-2 series to the present application.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- Ist, Madhubani, in connection with Jhanjharpur (Araria
Patna High Court CR. MISC. No.42998 of 2019(2) dt.15-07-2019 3/3 Sangram) P.S. Case No. 106 of 2018.
U.K./- (Sudhir Singh, J) U T