Patna High CourtCR. MISC./1842/2015bail granted

Sufiyan v. The State Of Bihar

2015-03-03Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49828 of 2014 Arising out of P. S. Case No. - 326 Year - 2014 Thana - ARARIA District - ARRARIA ======================================================

1. Md. Jawed, son of Md. Hasim, resident of village : Buaribad, P.S. : Araria, District : Araria .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No. 51828 of 2014 Arising out of P. S. Case No. - 326 Year - 2014 Thana - ARARIA District - ARRARIA ======================================================

1. Rakesh Kumar Mandal, son of Siyaram Mandal, resident of village - Kharhat, P.S. Raniganj, District - Araria .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No. 1842 of 2015 Arising out of P. S. Case No. - 326 Year - 2014 Thana - ARARIA District - ARRARIA ======================================================

1. Sufiyan, son of Karamat @ Karamat Ali, Resident of Village - Sharif Nagar, P.S. - Araria, Dist - Araria .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 03-03-2015 Heard learned counsel for the petitioners and learned counsel for the State.

These petitions are for grant of regular bail in a case under Sections 395 and 397 of the Indian Penal Code. The petitioners are not named in the First Information Report. However, neither recovery has been made from the possession of the petitioners nor they have been put on Test Identification Parade though

Patna High Court Cr.Misc. No.49828 of 2014 (2) dt.03-03-2015 they are in custody since 20.08.2014, 16.08.2014 and 22.08.2014 respectively and only material against the petitioners is the confessional statement of the co-accused.

Learned counsel for the petitioners submits that there is no criminal antecedent against petitioners Md. Jawed and Rakesh Kumar Mandal and against petitioner Sufiyan there is one case prior to the occurrence.

Hence, having regard to the facts and circumstances of the case, the petitioners, above named, are ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria (Bairgachhi) P. S. Case No. 326 of 2014.

Kundan/- (Gopal Prasad, J.) U