Patna High CourtCR. MISC./23672/2018bail granted

Md. Hanif And ANR v. The State Of Bihar

2018-04-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23672 of 2018 Arising Out of PS.Case No. -261 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Md. Hanif Son of Md. Israil

2. Md. Ainul @ Ainul Haque Son of Jamshed Ali Both Resident of Mozabari Dey Market, Police-Station Kochadhaman, DistrictKishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Firoz Ahmad, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody in connection with S.T. No.13 of 2018, arising out of Kishanganj P.S. Case No.261 of 2017, a case under Section 394 of the Indian Penal Code. Learned counsel for the petitioners submits that the FIR is against unknown. Petitioners are in custody since 20.07.2017. Petitioners were not put on Test Identification Parade nor anything was recovered from the possession of the petitioners. Similarly situated co-accused Mojibur Rahman has already been allowed bail by a coordinate Bench of this Court in Cr. Misc. No.4910 of 2018.

Patna High Court Cr.Misc. No.23672 of 2018 (2) dt.25-04-2018 2 / 2 Learned counsel for the State opposed the prayer for bail on the ground of criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kishanganj Police Station Case No. 261 of 2017, with condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T