Md. Budhu @ Budhua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73879 of 2018 Arising Out of PS. Case No.-366 Year-2007 Thana- ARA NAGAR District- Bhojpur ====================================================== Md. Budhu @ Budhua Son of Late Md. Abdul Aziz Shah Resident of VillageBhalohipur,Police Station Ara Town in the Distt.of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Ara Town P.S.Case No.366 of 2017 registered under Sections 302, 120(B)/34 of the I.P.C. and Section 27 of the Arms Act. Learned counsel for the petitioners submits that the petitioner is not named in the F.I.R. nor his name has been disclosed by the informant in his restatement in course of investigation. Later on, in paragraph 31 of the case diary the I.O. has stated that this petitioner was present near the place of occurrence. After lapse of several months name of the petitioner has come in the case diary in course of investigation, but witnesses have not stated any overt act against the petitioner. He has not criminal antecedent.

Patna High Court Cr.Misc. No.73879 of 2018(3) dt.05-02-2019 2/2 Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest of surrender before the learned court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Ara, Bhojpur, in Ara Town P.S. Case No.366 of 2017 subject to the condition as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) aks/- U