Patna High CourtCR. MISC./87243/2019bail granted

Fagu Miya @ Phagun Mian @ Phagu v. The State Of Bihar

2020-02-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87243 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- KESARIA District- East Champaran ====================================================== Fagu Miya @ Phagun Mian @ Phagu Son of Bhulan Mian Resident of Village-Bankat, Police Station-Kesariya, District-East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kuar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kesariya P.S. Case No. 281 of 2019 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

Petitioner is not named in the first information report and the impugned order goes to show that the name of petitioner came in confessional statement of co-accused Vijay Kumar as well as co-accused Chunni Mahto, who stated before the police that this petitioner had played a role of liner in the alleged crime and except the aforesaid material, there appears to be nothing against the petitioner.

Paragraph 3 of the petition goes to show that the petitioner does not have any criminal antecedents.

Patna High Court CR. MISC. No.87243 of 2019(2) dt.20-02-2020 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that above named petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 learned Additional Chief Judicial Magistrate III, Motihari, East Chamaparan in Kesariya P.S. Case No. 281/2019 subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Spd/- U T