Patna High CourtCR. MISC./39149/2018bail granted

Md. Saheb @ Md. Sahab v. The State Of Bihar

2018-07-05Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39149 of 2018 Arising Out of PS.Case No. -25 Year- 2015 Thana -PIRBAHOR District- PATNA ======================================================

1. Md. Saheb @ Md. Sahab, S/o Md. Naseem, R/o Golakpur P.S.- Pirbahore, Distt.- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nityanand Kumar For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 4.5.2018, seeks bail in Pirbahore PS Case No. 25 of 2015 registered under Sections 394, 302 of the IPC and Section 25(1-b)a, 26 and 27 of the Arms Act. The allegation in brief is that while the informant was returning back to his home after closing jewelry shop along with his brother then he was incepted by some unknown criminals, they were stopped in the way by some miscreants and in a attempt to snatch the bag they also shot causing death of his brother.

Learned Counsel for the petitioner submits that the FIR is against unknown, during investigation only evidence collected against the petitioner is disclosure of his name by one Guddu Kumar and Gaurishankar Saw that they were hired by brother-in-law of the deceased for eliminating the deceased and except that there is no other material and considering the evidence collected during investigation Guddu Kumar and Gaushankar Saw have been admitted to bail by coordinate Benches of this Court vide Cr. Misc. No. 21580 of 2018 and Cr. Misc. No. 37152 of 2018.

Patna High Court Cr.Misc. No.39149 of 2018 (2) dt.05-07-2018 petitioner, namely, Md. Saheb @ Md. Sahab 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 CJM Patna in connection with Pirbahore PS Case No. 25 of 2015 with the following conditions:- (i) one of the bailors shall be a close family member of the petitioner;

(ii) The petitioner shall appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.

(Arun Kumar, J) Snkumar/- U T