Md. Yusuf @ Lambu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48976 of 2014 Arising Out of PS.Case No. -18 Year- 2010 Thana -SRI NAGAR District- MADHEPURA ====================================================== Md. Yusuf @ Lambu Son of Wasil Miyan Resident of Village - Jorganj, Police Station - Janki Nagar, District - Purnia. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Durgesh Nandan(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Case diary in the present case was earlier called for, which has since been received.

The petitioner is apprehending his arrest in connection with Sri Nagar P.S.Case No. 18 of 2010 registered under Sections 395 and 397 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is neither named in the FIR nor there was any rivalry between the petitioner and the informant. It is further submitted that save and except confessional statement of one co-accused, namely, Md. Jamal @ Doma, the name of the petitioner has surfaced drawing him to the present prosecution since such

Patna High Court Cr.Misc. No.48976 of 2014 (5) dt.14-10-2015 statement made by co-accused cannot be used against this petitioner in the eye of law. Learned counsel further submits that he having no criminal antecedent may be extended the privilege of anticipatory bail.

Considering the aforementioned facts and circumstances and that after perusing the case diary there is no further material against him, let the petitioner, above named, in the event of his arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Sri Nagar P.S.Case No. 18 of 2010 to the satisfaction of the Chief Judicial Magistrate, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) spal/- U