Md. Kamrul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49718 of 2017 Arising Out of PS. Case No.-18 Year-2017 Thana- BANMANKHI District- Purnia ====================================================== Md. Kamrul, Son of Late Insul, Resident of Village- Barmotra, Police Station- Bhargama, District- Araria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. SRI BHARAT LAL ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Banmankhi P. S. Case No. 18 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is not named in the first information report but during investigation, the name of the petitioner transpires in the statement of witnesses namely, Md. Abul and Md. Kudus on 18.07.2017 i.e. after six months of the occurrence that in the conspiracy the petitioner and others are involved. Submission is of false implication and that besides suspicion there is nothing against the petitioner, in this case FIR named accused persons have been allowed regular bail, the petitioner has got no concern and without any legal and tangible

Patna High Court Cr.Misc. No.49718 of 2017(4) dt.11-01-2018 2/2 material he is apprehending his arrest and as such the petitioner deserves sympathetic consideration.

Learned APP fairly submits that the name of the petitioner has come in second supplementary case diary in paragraph 41 and 42.

In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Purnea in connection with Banmankhi P. S. Case No. 18 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T