The Patna High Court released the petitioner on bail in a case involving offences under Sections 365, 302, 201, and 34 IPC, accepting the submission that the petitioner lacked criminal antecedents and was falsely implicated.
The petitioner is released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76902 of 2018
Arising Out of PS. Case No.-159 Year-2018 Thana- KUCHAIKOTE District- Gopalganj
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Sabir Ali @ Ujala, Son of Nezam Khan @ Nejamul Haque Resident of Village/Mohalla-Islamia Mohalla, Ward No. 12, Police Station-Gopalganj, District-Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Irshad Ahmad Khan For the Opposite Party/s : Mr. Yogendra Kumar Singh ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 10-01-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 07.06.2018 in connection with Kuchaikote P.S. Case No. 159/2018 registered for the offence punishable under Sections 365/302/201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in connection with the present case. It is further submitted that the name of the petitioner surfaced in the confessional statement made before the police by co-accused persons, namely, Dilip Kumar and Awadhesh Kumar who have since been extended the privilege of regular bail in Cr. Misc. No. 58772 of 2018 and Cr. Misc. No. 62161 of 2018 vide order dated 02.11.2018 and 05.11.2018 respectively. It is next submitted that since the name of the petitioner has surfaced only in
Patna High Court Cr.Misc. No.76902 of 2018(2) dt.10-01-2019 2/2
the confessional statement made before the police and that there is no further material against him and that the petitioner is also having no criminal antecedent, the petitioner may be extended the privilege of bail.
In view of the aforementioned facts and circumstances, let the petitioner above named 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 A.C.J.M., VII, Gopalganj, in connection with Kuchaikote P.S. Case No. 159/2018.
(Anjana Mishra, J)
Saif/-
U T
1 issue framed by the court
Whether the petitioner be released on bail in connection with the Kuchaikote P.S. Case No. 159/2018.
Sabir Ali
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
