Sheikh Guddu @ Sk. Guddu @ Guddu @ Ali Akhtar v. The State Of Bihar

Patna High Court Cr.Misc. No.33346 of 2017 (3) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33346 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. SHEIKH GUDDU @ SK. GUDDU @ GUDDU @ ALI AKHTAR, son of Sagir Alam, resident of Mohabatpur Dhaka, P.S.- Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Zaki Haider For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kundwa Chainpur Police Station Case No. 75 of 2016, disclosing offences under Sections 143, 414/34of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of confessional statement of the co-accused, name of this petitioner has surfaced in this case. Nothing has been recovered from the conscious possession of the petitioner and

Patna High Court Cr.Misc. No.33346 of 2017 (3) dt.11-09-2017 except confession no any cogent material has been found against the petitioner during course of investigation. The petitioner is rotting in custody for the last four months. Hence, the petitioners deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana, East Champaran, in connection with Kundwa Chainpur Police Station Case No. 75 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T