Md. Subhan Mian @ Md. Subhan @ Subhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2709 of 2020 Arising Out of PS. Case No.-321 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== MD. SUBHAN MIAN @ MD. SUBHAN @ SUBHAN Son of Md. Khatru Resident of Village - Pipra, Tappu Tola, P.S.- Jogbani, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Forbestanj (Simraha) P.S. Case No. 321 of 2019 (G.R.No. 1263 of 2018), registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having snatched motorcycle, cash and some other articles from the possession of the informant.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is submitted that though, the petitioner is accused in some other cases, but he is on bail in the said cases and as far as the petitioner is concerned, he is languishing in custody since

Patna High Court CR. MISC. No.2709 of 2020(2) dt.20-01-2020 2/2 20.8.2018. Lastly, it is submitted that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any recovery of the snatched articles has been made from the petitioner herein. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that no Test Identification Parade has been held so as to implicate the petitioner in the alleged crime and moreover, the snatched articles have also not been recovered from the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st, Araria in connection with Forbesganj (Simraha) P.S. Case No. 321 of 2018 (GR. No. 1263 of 2018).

(Mohit Kumar Shah, J) ajay gupta/- U T