Thither Miya @ Thithar Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34639 of 2017 Arising Out of PS.Case No. -76 Year- 2002 Thana -BANMANKHI District- PURNIA ======================================================
1. Thither Miya @ Thithar Miya Son of Late Kamrul Miya, R/o VillageVirnagar, P.S.- Bhargama, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 Heard the parties.
This application is for grant of regular bail in connection with Banmankhi P.S.Case NO.76 of 2002, for the offences punishable under Section 395 of the Indian Penal Code. The petitioner is named in the F.I.R. and later on his name transpired on the basis of confession of the confidential report.
Submission of the learned counsel for the petitioner is that there is nothing available on the record to show what is the source except confidential report. The petitioner is in custody for 4 1⁄2 months and having no criminal antecedent. Heard learned A.P.P. also.
It appears from perusal of the impugned order that the
Patna High Court Cr.Misc. No.34639 of 2017 (3) dt.07-08-2017 2/2 case is of the year, 2002 and the petitioner has surrendered on 23.3.2017. No doubt there is nothing against the petitioner but considering the above facts, at this stage, I am not inclined to grant bail to the petitioner, however, the petitioner may renew his prayer for bail after framing of charge in this case. This application is disposed of with direction to the court concerned that if the charges are framed in this case, the petitoner may be released on bail in connection with Banmankhi P.S.Case No.76 of 2002 to the satisfaction of F.T.C.-7, Purnea. With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T