Shaukat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12302 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shaukat Ali Son of Abdul Rahim Khan @ Rahim Khan Resident of Village-Barwa, P.S.-Adapur, District-East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Adapur P.S. Case No. 165 of 2016 registered under Sections302/120B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is not named in the first information report. He has been implicated in this case on basis of confessional statement, purported to have been given by the petitioner. Post mortem report does not corroborate the allegations levelled as the same indicates that the deceased died due to asphyxia and drowning whereas the allegation is of killing by brutal assault. Petitioner is in custody since 15.10.2016.

Patna High Court Cr.Misc. No.12302 of 2017 (3) dt.27-04-2017 2/2 Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Adapur P.S. Case No. 165 of 2016. (Arvind Srivastava, J) Manish/- U T