Patna High CourtCR. MISC./55427/2018bail granted

Md. Ashraf v. The State Of Bihar

2018-09-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55427 of 2018 Arising Out of PS.Case No. -156 Year- 2018 Thana -ARARIA District- ARRARIA ====================================================== Md. Ashraf, son of Abu Shama, resident of village - Barighat School, Tola, Ward No. 01, P.S. + District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Jha, Advocate. For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Araria P.S. Case No. 156 of 2018 instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. In the written report there is specific allegation of committing murder of sister of the informant against co-accused Md. Zuber Alam. Counsel for the petitioner further submits that police has arrested the petitioner without any valid reason and recorded his confessional statement. On the basis of confessional statement of the petitioner, police has submitted charge sheet against him. Petitioner is in custody since 12.05.2018.

Patna High Court Cr.Misc. No.55427 of 2018 (2) dt.20-09-2018 2/2 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 156 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

The Superintendent of Police, Araria, is directed to look into the matter as to how such investigation is done by the police and submit report to the District & Sessions Judge, Araria, within a period of one month. The District & Sessions Judge will send report to this Court about report submitted by the police. (Sanjay Priya, J) S.Ali/- U T