Patna High CourtCR. MISC./48888/2015bail granted

Md. Habib @ Md. Habib Miya v. The State Of Bihar

2015-11-03Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48888 of 2015 Arising Out of PS.Case No. -328 Year- 2012 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== MD. HABIB @ MD. HABIB MIYA, SON OF MD. SALIM MIYAN, RESIDENT OF VILLAGE-MAUDAH CHATUR, P.S. PATEPUR, DISTRICT-VAISHALI.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv. For the Opposite Party/s : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant, a goldsmith along with his father while was proceeding towards his house on a motorcycle along with ornaments, cash appertaining to Rs.10000/- fallen prey at the hands of criminals who took away all the belongings including motorcycle. Informant had also named the culprit along with two unknown.

Admittedly, petitioner is not named in the FIR. From the order impugned, it is evident that co-accused Naresh Ray had made inculpatory extra judicial confessional statement so recorded under para-50 of the case diary wherefrom complicity of petitioner has been traced out and on account thereof, is under custody since 18.04.2013. It is apparent from the order impugned along with para-3 of the petition, with regard to criminal antecedent of the petitioner.

Patna High Court Cr.Misc. No.48888 of 2015 (2) dt.03-11-2015 Taking into account the nature of allegation, petitioner Md. Habib @ Md. Habib Miya is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge, VIII, Vaishali at Hajipur in connection with Goraul P.S. Case No.328 of 2012. (Aditya Kumar Trivedi, J.) PN/- U T