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Patna High CourtCR. MISC./2451/2016allowed

Md. Manzoor Alam @ Manjooria @ Manzoor Alam v. The State Of Bihar

2016-02-15Mr. Justice Aditya Kumar Trivedi3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53389 of 2015 Arising Out of PS. Case No. -43 Year- 2014 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== MD. ABDUL @ MD. ABDULLAH S/O LATE WAZIR ANSARI, RESIDENT OF VILLAGEMITHANSARAI, P.S.- AHIYAPUR, DISTRICT- MUZAFFARPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== with Criminal Miscellaneous No.2451 of 2016 Arising Out of PS. Case No. -43 Year- 2014 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== MD. MANZOOR ALAM @ MANJOORIA @ MANZOOR ALAM S/O MD. SANIF RESIDENT OF VILLAGE - MITHANSARAI, P.S. AHIYAPUR, DISTRICT - MUZAFFARPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

(In Cr.Misc. No.53389 of 2015) For the Petitioner/s :

Mr. Jai Prakash Verma, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar(App) (In Cr.Misc. No.2451 of 2016) For the Petitioner/s :

Mr. Jai Prakash Verma, Adv.

For the Opposite Party/s :

Mr. Md. Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-02-2016 Criminal Miscellaneous No.53389 of 2015 wherein Md. Abdul @ Md. Abdullah is the petitioner and Criminal Miscellaneous No.2451 of 2016 wherein Md. Manzoor Alam @

Patna High Court Cr.Misc. No.53389 of 2015 (3) dt.15-02-2016 Manjooria @ Manzoor Alam is the petitioner commonly originate out of Sessions Trial No.73 of 2015 arising out of Shiwaipatti P.S. Case No.43 of 2014 on account thereof, have been heard together and are being disposed of by a common order.

There was dacoity in the house of informant, Rajesh Kumar wherein the dacoit decamped with the articles so enumerated therein. Because of the fact that prosecution party did not claim identification of dacoit by name on account thereof, FIR has been registered against unknown.

It is evident from the case diary (para-10) that police had traced these two petitioners lying unconscious in an injured condition who were shifted to SKMCH on the following day of the date of occurrence and further, save and except inculpatory extra judicial confessional statement of the these two petitioners, the investigating officer on account of its slackness did not put these two petitioners on TI parade to connect them with the alleged crime however, submitted charge sheet as a result of which petitioners are facing trial.

Accordingly, petitioners Md. Abdul @ Md. Abdullah as well as Md. Manzoor Alam @ Manjooria @ Manzoor Alam each are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.53389 of 2015 (3) dt.15-02-2016 each, to the satisfaction of learned Xth Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No.73 of 2015 arising out of Shiwaipatti P.S. Case No.43 of 2014. (Aditya Kumar Trivedi, J) PN/- U T