Patna High CourtCR. MISC./52142/2016bail granted

Md. Gainul @ Gainul v. The State Of Bihar

2016-12-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52142 of 2016 Arising Out of PS.Case No. -339 Year- 2012 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Md. Gainul @ Gainul, S/o Late Rafique, resident of Village- Domariya, P.S. Narpatganj, District- Araria .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Prasad Singh, Adv. For the Opposite Party : Mr. Narsingh Tanti, APP 111 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 395 and 397 of the Indian Penal Code. Some criminals committed dacoity in the house of the informant. Co-accused, Dilshad, was identified by the informant. Allegation of causing fire arm injury to Asghar is against Dilshad and unknown criminals. In the confessional statement of Dilshad name of the petitioner has transpired. It appears that the petitioner is in custody since 18.07.2014 and earlier prayer of the petitioner for regular bail was rejected on 30.01.2015 in Cr. Misc. No. 4078 of 2015 by the Bench of Hon'ble Justice Mrs. Anjana Prakash. Submission of the petitioner is that except confessional statement of co-accused there is no other material against the petitioner.

Considering the period already undergone and nature of material against the petitioner, above named, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 107 of 2015 arising out of

Patna High Court Cr.Misc. No.52142 of 2016 (2) dt.07-12-2016 Forbesganj P.S. Case No. 339 of 2012 to the satisfaction of the Additional Sessions Judge, II, Araria, or successor Court with the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the Court below shall cancel the bail bond of the petitioner.

(Birendra Kumar, J) SA/- U √ T √