Karoo Mian @ Mustafa Mian @ Kustafa Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36350 of 2017 Arising Out of PS.Case No. -12 Year- 2012 Thana -SIMULTALA District- JAMUI ====================================================== Karoo Mian @ Mustafa Mian @ Kustafa Mian, son of Sultan Mian, Resident of Village- Dhodhari, P.S.- Simultalla, District- Jamui. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Simultalla P.S. Case No. 12 of 2012 registered for the offence punishable under Sections 379, 511, 427/34 of the Indian Penal Code and 15 and 16 of the Petroleum and Mineral Pipe Line Act, 1962.

Learned counsel for the petitioner submits that after three years of the alleged occurrence some accused persons were arrested in another case and they made a confessional statement implicating the present petitioner and by virtue of the said confessional statement name of the present petitioner has been dragged in this case. Submission is that there is no recovery from the

Patna High Court Cr.Misc. No.36350 of 2017 (2) dt.10-08-2017 house of the petitioner, the petitioner has been involved in three other cases of similar nature after his name transpired in the confessional statement of the co-accused. Further submission is that a coordinate Bench of this court has granted regular bail to some of the co-accused vide order dated 19.03.2017 passed in Cr. Misc. No. 6321/2017. A copy of the order is enclosed as Annexure-2 to the present application.

Learned Additional Public Prosecutor for the State opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- 2nd, Jamui in connection with S. Tr. No. 290 of 2016 arising out of Simultalla P.S. Case No. 12 of 2012, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J.) Rajeev/- U T