Patna High CourtCR. MISC./32583/2018allowed

Md. Sirajul And ANR v. The State Of Bihar

2018-06-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.32583 of 2018 (2) dt.07-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32583 of 2018 Arising Out of PS.Case No. -123 Year- 2017 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Md. Sirajul, S/o Md. Nayeem, R/o Vill.- Nirmali, P.S.- Nirmali, DistrictSupaul.

2. Md. Rustam @ Aslam S/o Late Channu Mohammad, R/o Vill.- Piprahi, P.S.- Nirmali, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Adv. For the Opposite Party/s : Mr. Sri Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ghoghardiha Police Station Case No. 123 of 2017 bearing G.R. No. 1789 of 2017, disclosing offences under Sections 413, 414 and 401 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioners are innocent and have not committed any offence. In fact, the petitioners have been made accused in this case on the basis of confession made by the co-accused but nothing has been recovered from the possession of the petitioners. Except confession no cogent material has come against the petitioner

Patna High Court Cr.Misc. No.32583 of 2018 (2) dt.07-06-2018 during course of investigation. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.

Jhanjharpur, in connection with Ghoghardiha Police Station Case No. 123 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T