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Patna High CourtCR. MISC./2298/2020bail granted

Jumman Mian @ Md. Jumman Mian @ Kankatwa v. The State Of Bihar

2020-01-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2298 of 2020 Arising Out of PS. Case No.-134 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Jumman Mian @ Md. Jumman Mian @ Kankatwa Son of Akalu Mian Resident of Village - Sarmaspur, P.S. - Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kanti P.S. Case No. 134 of 2019, registered for the offence punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding unknown miscreants having intercepted the informant and having snatched his motorcycle, mobile phone and a sum of Rs. 1500/-.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that neither any Test Identification Parade has been held to connect the petitioner with the alleged crime

Patna High Court CR. MISC. No.2298 of 2020(2) dt.16-01-2020 2/2 nor any recovery of the stolen articles have been made from the possession of the petitioner. It is further submitted that though the petitioner is accused in some other cases, but he is on bail in the said cases. Lastly, it is submitted that the petitioner is languishing in custody since 13.9.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that neither any Test Identification Parade has been held so as to implicate the petitioner in the alleged crime nor the recovery of stolen articles have been made 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 Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti P.S.Case No. 134 of 2019.

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