Makhan @ Sirajuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59269 of 2018 Arising Out of PS. Case No.-178 Year-2017 Thana- KOCHAS District- Rohtas ====================================================== Makhan @ Sirajuddin Son of Nirajuddin Ahmad, Resident of VillageBahuara, P.S.- Kochas Parsa Hua, District- Rohtas. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 302, 120(B), 109, 504 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that the accused persons fired on the informant's father, as a result of which he died on the spot.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in the present case on the basis of confessional statement of co-

Patna High Court Cr.Misc. No.59269 of 2018(4) dt.22-01-2019 2/2 accused, namely, Dularchand Sah. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Rohtas at Sasaram in connection with Kochas (Parsathua O.P.) P.S. case No.178 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T