Md. Jibrail @ Jivrail Mansuri @ Doma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11250 of 2018 Arising Out of PS.Case No. -597 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================
1. Md. Jibrail @ Jivrail Mansuri @ Doma, Son of Md. Mukhtar Nadaf, Resident of Village- Uttar Pokharia, P.S. Sadar District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nadimul Hasan Ms. Prenana Pandey For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 13.11.2017 in connection with Sadar P.S. Case No. 597 of 2017 for offences punishable under Sections 461, 379, 411 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that he is Manager of Sumitra Agency and on 05.11.2017 some unknown persons broke open the lock of the godown and fled away with maize seeds.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and although he has been remanded in another case after
Patna High Court Cr.Misc. No.11250 of 2018 (3) dt.30-03-2018 2/3 the institution of the present case and it is only on the basis of his own confessional statement before the police, which has no evidentiary value in the eye of law, he has been made accused. He submits that charge-sheet has already been submitted and some of the accused persons have already been granted privilege of bail by coordinate Benches of this Court, one of which is Cr. Misc. No. 2758 of 2018 vide order dated 01.02.2018.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was apprehended loading a pick-up van with maize seeds and his own confession of the alleged offence had also been taken.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Sadar P.S. Case No. 597 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable
Patna High Court Cr.Misc. No.11250 of 2018 (3) dt.30-03-2018 3/3 property, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) Rajesh/- U T