Patna High CourtCR. MISC./45473/2014bail granted

Shibu Mian @ Sarfaraj Ahmad v. The State Of Bihar

2015-03-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45473 of 2014 Arising Out of PS.Case No. -17 Year- 2010 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shibu Mian @ Sarfaraj Ahmad Son of Late Rauf Khan Resident of Village- Sansaraiya, P.S. Bettiah Muffasil, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2015 Heard both sides.

The petitioner seeks bail in Chautarwa P.S. Case No. 17 of 2010, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Ravindra Prasad the informant alleged that while he along with his father and others were returning to their village, six persons on two motorcycles came and fired on his father who died. The informant identified Birendra Mishra, Nasir Mian, Jakir Mian and Neyaz Ansari.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner figured in the case in para-19 of the case diary in which Tabarak Mian is said to have confessed and disclosed that the petitioner

Patna High Court Cr.Misc. No.45473 of 2014 (3) dt.26-03-2015 2/2 asked Tabarak Mian to kill Bihari Prasad and money was also paid.

Considering the facts aforesaid and the fact that the except the confessional statement, there is no material on record to show the involvement of the petitioner, he above named is directed to be enlarged 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, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 17 of 2010.

(Prabhat Kumar Jha, J.) KKSINHA/- U T