Md. Ishtekhar @ Gulgul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44349 of 2016 Arising Out of PS.Case No. -470 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Md. Ishtekhar @ Gulgul Son of Md. Unish Shah R/o Vill.- Piplawan, P.S.- Naubatpur, District- Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Indra Mohan Kumar, Advocate.
For the Opposite Party : Mr. Brajendra Nath Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2016 Heard both sides.
The petitioner seeks bail in Hajipur Town P.S. Case No. 470 of 2016, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is not named in the FIR. Learned counsel for the petitioner submits that during course of investigation one Shankar Kumar @ Rahul confessed his guilt and disclosed the name of the petitioner. It is further submitted that the petitioner is not the owner of SIM Number 8434911639 rather the same stands in the name of Rani Kumri, wife of the deceased. Shankar Kumar was using the same number as he has got intimate relations with the wife of the deceased from before. Save and except the confessional statement of Shankar
Patna High Court Cr.Misc. No.44349 of 2016 (3) dt.20-12-2016 2/2 Kumar @ Rahul the police has not collected any material to show the involvement of the petitioner.
Learned APP did not dispute this fact.
Considering the facts aforesaid, the petitioner above named is directed to be enlarged 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 Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S. Case No. 470 of 2016. (Prabhat Kumar Jha, J.) KKSINHA/- U T