Patna High CourtCR. MISC./54709/2016bail granted

Moidul Haqe @ Moidul Haque @ Tunna v. The State Of Bihar

2016-12-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54709 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Moidul Haqe @ Moidul Haque @ Tunna, s/o Shamshul Haque, R/o villageNaushapur Saraiyan @ Nauserpur Sareya, P.S.-G.B. Nagar (Tarwara), District-Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Aslam Ansari, Advocate For the Opposite Party/s : Mr. Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with G.B. Nagar P.S. Case No. 48 of 2016 registered for the offences punishable under Sections 353, 307, 414/34 of the Indian Penal Code and Section 25(1-B) A, 26/27/35 of the Arms Act. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case on the basis of the confessional statement of the co-accused and neither any recovery was made from the possession of the petitioner nor he has put on Test Identification Parade (T.I.P). It has further been submitted that co-accused having similar allegation has already been granted bail by another co-ordinate Bench of this Court vide order dated 08.12.2016 in Criminal

Patna High Court Cr.Misc. No.54709 of 2016 (2) dt.20-12-2016 2/2 Miscellaneous No. 47134 of 2016.

Heard the learned APP also.

Having heard both sides, in view of the fact stated above and as the petitioner is in custody since 20.06.2016, let the petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection G.B. Nagar P.S. Case No. 48 of 2016 with condition that the petitioner will cooperate with the trial and make himself available as and when required by the Police / Court and in the event of failure of his part to appear before the court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) ajaypd./- U T