Patna High CourtCR. MISC./51983/2014bail granted

Md. Mustafa v. The State Of Bihar

2015-01-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51983 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Md. Mustafa, Son of Md. Yakub, Resident of Village - Sekh Toli, P.S. - Samastipur, District - Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate. For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-01-2015 Heard both sides.

The petitioner Md. Mustafa seeks bail in Darbhanga G.R.P. P.S. Case No. 07 of 2014, registered for the offences punishable under Sections 302 and 394 of the Indian Penal Code. The informant lodged a case against unknown alleging therein that his son was traveling in Lichchwi Express but some unknown criminals robbed him and thereafter killed him. Learned counsel for the petitioner submits that the petitioner is not named in the FIR, nothing has been recovered from the possession of the petitioner. The petitioner was apprehended by the police and the police forcibly took his confessional statement. Except the confessional statement there is no tangible material to show the involvement of the petitioner in

Patna High Court Cr.Misc. No.51983 of 2014 (2) dt.05-01-2015 the killing of the informant's son. Co-accused Md. Aashif has already been enlarged on bail vide order passed in Cr. Misc. No. 31604 of 2014.

Learned APP did not dispute the facts.

Having considered the facts aforesaid and the fact that except the confessional statement of the petitioner the police has not collected any tangible material to show the involvement of the petitioner in killing of the informant's son, the petitioner he above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Samastipur in connection with Darbhanga G.R.P. P.S. Case No. 07 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T