Kamruddin Miyan @ Kamruddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65996 of 2019 Arising Out of PS. Case No.-211 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== KAMRUDDIN MIYAN @ KAMRUDDIN ANSARI (Male), aged about 30 years, Son of Md. Rajjak @ Md. Rajjak Ansari, Resident of Village- Asaudha, O.P. Bhairoganj, Police Station- Chandan, District- Banka. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Irshad, Advocate.

For the Opposite Party :

Mr.Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 395, 397 of the IPC and 3⁄4 of Explosive Substance Act.

The prosecution story, in brief, is that 10-15 unknown criminals entered into the house of the informant at about 11.30 P.M. in the night and looted Rs. 2,00,000/- and jewellery from his Almirah and Sanduk. On objection being raised by his daughter, she was also assaulted by accused persons. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 31.05.2019. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.65996 of 2019(2) dt.05-11-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused. He has not been put on T.I. Parade. There is no recovery of any incriminating article from possession of the petitioner. Other coaccused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 57051 of 2019 under order dated 12.09.2019.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M. Lakhisarai, in connection with Lakhisarai P.S. Case No. 211 of 2019.

(Sudhir Singh, J) U.K./- U T