Abbas Miyan @ Abbas Ali @ Avas Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52118 of 2019 Arising Out of PS. Case No.-85 Year-2016 Thana- SHERGHATI District- Gaya ====================================================== ABBAS MIYAN @ ABBAS ALI @ AVAS MIYAN Son of Late Sadur Mian @ Sakur Mian Resident of Village-Peksa, P.S.-Gidhaur, District-Chatra (Jharkhand).

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Sherghati P.S. Case No. 85/2016, instituted for offence under Section(s) 395 of the Indian Penal Code.

Learned counsel for petitioner has submitted that petitioner is not named in the written report. His name has come during investigation in the confessional statement of co-accused Md. Umar and Md. Amzad. There is no recovery of any incriminating article from possession of this petitioner. No T.I.P. has been held in this case.

The co-accused persons, namely, Md. Umar and Md. Amzad have already been granted bail by different Benches of

Patna High Court CR. MISC. No.52118 of 2019(2) dt.26-08-2019 2/2 this Court vide orders dated 28.02.2017 passed in Cr. Misc. No. 3970/2017 and dated 03.05.2017 passed in Cr. Misc. No. 21044/2017 respectively.

Petitioner is in custody since 20.05.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail 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 the learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati P.S. Case No. 85/2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T