Md. Farhan @ Fariyad @ Md. Fariyad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28276 of 2018 Arising Out of PS.Case No. -528 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Atul Kumar Son of Aravind Prasad@Arbind Kumar Resident of VillageRajpur Kaul Marpa, P.S. Phenhara, District- East Champaran, At Present resident of Village-Amar Chhatauni, New Mohalla, P.S.- Chhatauni, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.30162 of 2018 Arising Out of PS.Case No. -528 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Farhan @ Fariyad @ Md. Fariyad son of Md. Umar Miya @ Umar @ Md. Umar, resident of Mohalla- Badhai Tola, P.S.- Chhatauni, DistrictEast Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

(In Cr.Misc. No.28276 of 2018) For the Petitioner/s : Mr. Umesh Chandra Verma Mr. Abhishek Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari (In Cr.Misc. No.30162 of 2018) For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-05-2018 Heard the parties.

The petitioners in both the cases seek regular bail in connection with Motihari Town P.S. Case No.528 of 2017 for the offences punishable under Section(s) 386 of the Indian Penal Code.

Patna High Court Cr.Misc. No.28276 of 2018 (3) dt.30-05-2018 2/2 The case of the prosecution is that the informant is the owner of the shop, namely, Sangam Handloom and in the night of 24.07.2017, he received a mobile call and the caller identified himself as Deepak Paswan, who is said to have demanded a ransom of Rs.20 lakhs. The learned counsel for the petitioner submits that the name of petitioners of both the cases have transpired in the present case merely on the confessional statement of co-accused person, namely, Deepak Paswan. It is further submitted that co-accused person, similarly situated, has already been granted bail by a coordinate Bench of this Court by an order dated 30.03.2018 passed in Cr. Misc. No.11361 of 2018. The petitioners are said to be languishing in custody since 06.11.2017.

Having regard to the facts and circumstances of the case, the petitioners of both the cases i.e., (i) Atul Kumar in Cr. Misc. No. 28276 of 2018 and (ii) Md. Farhan @ Fariyad @ Md. Fariyad in Cr. Misc. No. 30162 of 2018, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 528 of 2017. (Mohit Kumar Shah, J) Sanjeev/- U T