Patna High CourtCR. MISC./2618/2016bail granted

Naushad v. The State Of Bihar

2016-01-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2618 of 2016 Arising Out of PS.Case No. -62 Year- 2013 Thana -JIRADEI District- SIWAN ====================================================== Naushad, Son of Rafique Mian, Resident of Village - Chandpali, P.S. - Jeeradei, District - Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report and according to prosecution case itself, co-accused Akhtar Miyan having armed with gun and co-accused Jahir Miyan went at the house of the informant and took her son and subsequently, informant heard sound of firing. Furthermore, the informant claimed that other F.I.R. named accused persons were seen in the village in suspicious condition.

Learned counsel for the petitioner submits that in course of investigation, two witnesses claimed to have seen the petitioner fleeing from the place of occurrence having fire arm in his hand and except the aforesaid material, there is nothing against the

Patna High Court Cr.Misc. No.2618 of 2016 (2) dt.29-01-2016 2/2 petitioner.

It is further contended by him that co-accused Akhtar Miyan and Jahir Miyan have already been acquitted of the charges and so far as the rest F.I.R. named accused are concerned, they have already been granted privilege of bail by different Benches of this Court and moreover, petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Jeeradei P.S. Case No.62 of 2013.

(Hemant Kumar Srivastava, J) N.H./- U T