Patna High CourtCR. MISC./50092/2016bail granted

Md. Kalam @ Imran Khan @ Kalan v. The State Of Bihar

2017-03-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50092 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -HALSI District- LAKHISARAI ====================================================== Md. Kalam @ Imran Khan @ Kalan Son of Late Md. Kurban, Resident of Village- Marwa, P.S.- Jamui, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-03-2017 Heard.

Earlier prayer for bail of the petitioner was rejected by this Court taking note of the fact that the victims were recovered from the house of the petitioner and the victims disclosed the name of the petitioner in their statements. Learned counsel for the petitioner submits that the statements of the victims as well as other paragraphs of the case diary go to show that the victims were recovered from the house of one Md. Kamal but police get remanded the petitioner in the present case with malafide intention. Moreover, petitioner does not have any criminal antecedent and he is in jail custody since 05.07.2015.

Learned Judicial Magistrate, Lakhisarai, has reported

Patna High Court Cr.Misc. No.50092 of 2016 (3) dt.08-03-2017 2/2 that petitioner was remanded in Halsi P. S. Case no. 55 of 2015 and his name is Md. Kamal @ Imran Khan @ Kanal. Learned counsel for the petitioner further submits that the concerned investigating officer did not mention the father's name of the aforesaid Md. Kamal and taking advantage of the aforesaid fact he got implicated the petitioner in the present case.

Considering the facts and circumstances of the case as well as statement of the victims and also taking note of the fact that petitioner does not have any criminal antecedent, let above named petitioner be released on bail on furnishing bail bond of Rs10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Lakhisarai, in Halsi P. S. Case no. 55 of 2015. (Hemant Kumar Srivastava, J) sudip/- U T