Patna High CourtCR. MISC./47429/2019bail granted

Murari Kumar @ Murari Sahani v. The State Of Bihar

2019-08-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47429 of 2019 Arising Out of PS. Case No.-362 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== MURARI KUMAR @ MURARI SAHANI Son of Achhelal Sahani @ Achhelal Resident of Village - Agarwa, P.S.- Motihari Town, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Shail Kumari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and the learned counsel for the State .

The petitioner seeks bail in Motihari Town P.S. case no. 362 of 2018 instituted for the offence under Section 379 of the IPC.

The prayer for bail of the petitioner was earlier dismissed for non-prosecution by this Court vide order dated 13.3.2019 passed in Cr. Misc. no. 15123 of 2019 .Thereafter, the restoration petition was also dismissed by this Court vide order dated 3.7.2019 passed in Cr. Misc. no. 38927 of 2019 with liberty to petitioner to file fresh bail application. Thereafter, the instant bail petition has been filed.

Learned counsel for petitioner submits that petitioner

Patna High Court CR. MISC. No.47429 of 2019(2) dt.07-08-2019 2/2 is not named in the written report. There is no recovery of any incriminating article from possession of this petitioner. No T.I.P. has been held. The name of this petitioner has come in the confessional statement of co- accused Shahrukh @ Ajaharuddin Siddiqui.

Petitioner is in custody since 24.11.2018.

Considering the aforesaid, 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 the CJM at Motihari, East Champaran in connection with Motihari Town P.S. case no. 362 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T