Patna High CourtCR. MISC./71556/2019bail granted

Munna Miyan @ Danis Eqbal v. The State Of Bihar

2019-11-19Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71556 of 2019 Arising Out of PS. Case No.-95 Year-2017 Thana- DERNI BAZAR District- Saran ====================================================== Munna Miyan @ Danis Eqbal Son of Md. Abbas Resident of Village - Harpur, Parsa, P.S.- Parsa, District- Saran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor on behalf of the State. The petitioner is in custody since 12.04.2019, in connection with Derni P.S. Case No. 95 of 2017 for the offenses under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the F.I.R. is against unknown persons but, subsequently, one Govind Kumar Gupta was arrested and in his confessional statement, made before the police, the name of the petitioner has transpired. It is further submitted that there is no eye witness to the occurrence and the said Govind Kumar Gupta who was taken into custody has already been extended the privilege of bail in Cr.Misc. No. 10490 of 2018 vide order dated 23.02.2018. Learned counsel for the petitioner submits that the name of the

Patna High Court CR. MISC. No.71556 of 2019(2) dt.19-11-2019 2/2 petitioner is surfaced merely on the basis of confessional statement made by the co-accused which has no evidenciary value.

Considering the aforementioned facts and circumstances and that the petitioner has no criminal antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VII, Saran, in connection with Derni P.S. Case No. 95 of 2017.

(Anjana Mishra, J) uma/- U T