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Patna High CourtCR. MISC./38743/2017allowed

Guddu @ Sarferaj @ Sarferaj Akhtar @ Guddu v. The State Of Bihar

2017-09-19Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38743 of 2017 Arising Out of PS.Case No. -89 Year- 2016 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Guddu @ Sarferaj @ Sarferaj Akhtar @ Guddu Son of Md. Istihaque, R/o Village- Kamp Bazar, Ward No.12, P.S.- Sour Bazar, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad, Adv For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Four motorcycle borne unknown criminals on the point of fire arm committed robbery and during course thereof, informant was deprived of huge money which he was carrying after collecting from different customers on behalf of his master. From the case diary, it is evident that one Anzar was apprehended on chase while committing robbery at one Gas Agency while remaining succeeded in their escape and for that Madhepura PS Case No. 430/2016 was registered wherein he made inculpatory extra judicial confessional statement on the basis of which petitioner, Guddu @ Sarferaj @ Sarferaj Akhtar @ Guddu was apprehended who also made inculpatory extra judicial

Patna High Court Cr.Misc. No.38743 of 2017 (2) dt.19-09-2017 confessional statement whereupon, he has been remanded in this case. The Investigating Officer had collected call details in order to expose inter se relationship but so far present case is concerned, neither petitioner has been put on TIP nor booty has been recovered from his possession, although, charge sheet has already been submitted.

In spite of the fact that petitioner has got criminal antecedent, on account of nature of the evidence as discussed above, petitioner, Guddu @ Sarferaj @ Sarferaj Akhtar @ Guddu is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-1, Supaul in connection with Triveniganj PS Case No. 89/2016. (Aditya Kumar Trivedi, J) perwez U T