Md. Yunus @ Yusuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71971 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- POTHIA District- Kishanganj ====================================================== Md. Yunus @ Yusuf, Son of Ajabul @ Ijabul Haque, Resident of VillageBartola, P.S.- Pothiya, District- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. advocate For the Opposite Party/s :

Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2018 Heard both sides.

The petitioner seeks bail in Pothia P.S. case No.10 of 2018 registered under Section 395, 397 of the Indian Penal Code and under Section 3/4/5 of Explosive Substance Act. The informant lodged the case against unknown for dacoity in his house.

Mr. N. K. Agrawal, the learned senior counsel for the petitioner, submits that for the first time name of the petitioner figured in confessional statement of Md. Nasim as it appears from paragraph 38 of the case diary. In paragraph 40 of supplementary case diary criminal antecedent of petitioner is mentioned and paragraph 59 of the case diary contains supervision note of the supervisory authority but save and except suspicion and confessional statement of co-accused there

Patna High Court Cr.Misc. No.71971 of 2018(2) dt.13-12-2018 2/2 is absolutely no material against the petitioner. Md. Nasim has already been granted bail vide order passed in Cr. Misc. No. 53833 of 2018. The petitioner is in custody since 02.06.2018 but he has not been put in T. I. Parade and charge sheet is submitted. Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the lime amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Kishanganj in connection with Pothia P.S. case No. 10 of 2018.

(Prabhat Kumar Jha, J) BKS/- U T