Md Gafur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12522 of 2021 Arising Out of PS. Case No.-134 Year-2019 Thana- ARER District- Madhubani ====================================================== MD GAFUR Son of Late Md. Habibullah @ Habibullah Resident of VillageKapaliya Tole Nababganj, P.S. - Arer, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Arer P.S. Case no. 134 of 2019 registered under section 395 of the Indian Penal Code. As per allegation in the FIR, it is stated by the informant that about 11 persons committed dacoity in her house of whom she identified and named 4 while she did not identify 5 to 7 other accused persons.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired in the confessional statement of co-accused Chalitar Thakur and Lalit Kamat. The said Chalitar Thakur has been enlarged on bail vide order dated 11.6.2020 (Annexure-2) passed in Cr. Misc. no. 18904 of 2020. Further no incriminating article has been

Patna High Court CR. MISC. No.12522 of 2021(2) dt.25-06-2021 2/2 recovered from the person or possession of the petitioner. Inspite of the petitioner being in custody since 10.7.2020, the charge-sheet has been submitted in the case but he has not put on TI parade.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the contents of the order of the learned Court below which has dealt with in detail with the material that has transpired in course of investigation and charge-sheet having been submitted in the case without putting the petitioner on TI parade, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Arer P.S. Case no. 134 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st , Benipatti, Madhubani. (Partha Sarthy, J) Prakash/- U