Sarwar Ali @ Pintu @ Sarwal Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44112 of 2015 Arising out of PS.Case No. -67 Year- 2015 Thana -THAWE District- GOPALGANJ ====================================================== Sarwar Ali @ Pintu @ Sarwal Ali, S/o Shaukat Ali, R/o Mohalla - Shekh Toli, P.S. Bhagwan Bazar, District - Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Harish Kumar, Advocate. For the Opposite Party : Mr. Abhay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 19.06.2015 in connection with Thawe P.S. Case No. 67 of 2015 for the offences instituted under Section 364/34 of the IPC. The prosecution story, in brief, is that the informant's son, namely, Haidar Ali @ Sojnand Munshi, Dharmendra Upadhyay was present at the shop, at about 5.30 where the accused Saddam Hussain who is in habitant of village Dhangaraha P.S. Baniapur, District-Chpara, came with five associates and kidnapped Haidar Ali @ Sonu and took him away on Scorpio vehicle bearing Registration No. BR-31P/8283. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.44112 of 2015 (3) dt.17-12-2015 2/2 petitioner has got no criminal antecedent. The petitioner is in custody since 19.06.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering of the evidence against the petitioner. The petitioner is not named in the FIR. There is no direct or indirect evidence against this petitioner. The victim has been recovered but no statement under Section 164 Cr.P.C. has been recorded by the police. Except for confessional statement of the petitioner there is no other evidence to suggest his implication in the present case.

On behalf of the State it has been submitted that the petitioner is not named in the F.I.R. The name of the petitioner has come in course of investigation.

Considering the aforesaid facts and circumstances, 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 learned C.J.M., Gopalganj in connection with Thawe P.S. Case No. 67/2015. U.K./- (Sudhir Singh, J) U T