Md. Shamshad @ Bikki @ Gajni Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29328 of 2015 Arising out of PS.Case No. -348 Year- 2013 Thana -GAYA KOTWALI District- GAYA ====================================================== Md. Shamshad @ Bikki @ Gajni Mian, S/o Md. Khalid, resident of Village Under Killa Tekari, P.S. Tekari, District Gaya, At present Kathokar Talab, P.S. Civil Line, District Gaya.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sheikh Arkan Ahmad, Advocate. For the Opposite Party : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2015 The petitioner is languishing in custody since 03.11.2013 in connection with Kotwali P.S. Case No. 348 of 2013 for the offences instituted under Sections 394 and 302 of the I.P.C. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the informant's maternal uncle's son Md. Muffuimal Khan was coming from the Railway Junction after getting down from train. As soon as, he reached near the corner road which goes is Bank of Baroda, at about 5.00 A.M. that two unknown persons in course of taking away his articles short fire who later on died in the course of treatment.

Patna High Court Cr.Misc. No.29328 of 2015 (2) dt.05-08-2015 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.11.2013. It is further submitted that the petitioner is not named in the F.I.R. and his name has figured in course of investigation. There is no direct evidence against the petitioner.

On behalf of the State it has been submitted that the petitioner is not named in the F.I.R. His name has figured in course of investigation on the basis of confessional statement of co-accused.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 1st Class Magistrate, Gaya, in connection with Kotwali P.S. Case No. 348 of 2013. (Sudhir Singh, J) U.K./- U T