Md. Tanveer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67127 of 2021 Arising Out of PS. Case No.-144 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Md. Tanveer, Son Of Md. Afaque Resident Of Village - Lakhminia, P.S.- Balia, District - Begusarai.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Sagarika - Advocate Mr. Anuj Kumar- Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 393, 397, 307/ 34 of the Indian Penal Code and Section 27 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 19.07.2021, charge-sheet has been submitted in the case and has antecedent of one case. The learned counsel for the petitioner submits that the informant alleges that while he along with his uncle were returning from a birth ceremony when they were intercepted by four unknown criminals, who tried to commit robbery, but the informant tried to flee from the place of occurrence when the

Patna High Court CR. MISC. No.67127 of 2021(2) dt.09-05-2022 2/3 criminals from behind shot the uncle of the informant on his back.

The learned counsel for the petitioner submits that F.I.R. was against unknown and this petitioner was arrested in Sahebpur Kamal P. S. Case No.145 of 2021 for possessing a mobile and an air-gun and pellets. It is submitted that the petitioner in police custody was made to confess his participation in the present occurrence also. It is thus submitted that any confession made before the police custody is not admissible in evidence.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and his name transpired based on his own confessional statement, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sahebpur Kamal P. S. Case No.144 of 2021, subject to condition that one of the bailors shall be the father of the petitioner namely, Md. Afaque.

Patna High Court CR. MISC. No.67127 of 2021(2) dt.09-05-2022 3/3 The application stands allowed.

(Satyavrat Verma, J) vikash/- U T