Patna High CourtCR. MISC./13192/2016bail granted

Md. Abid v. The State Of Bihar

2016-04-01Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13192 of 2016 Arising Out of PS.Case No. -40 Year- 2012 Thana -TEGHRA District- BEGUSARAI ====================================================== Md. Abid, Son of Md. Majid, Resident of Gudaksar, P.S. Hathin, District Palwal (Hariyana).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

Petitioner is not named in the first information report but para-12 of the petition shows that he was arrested by Dehri Police in Dehri P.S. Case No. 141 of 2012 and confessed his guilt disclosing his involvement in the present case and after that he was remanded in the present case on 14.07.2015. Moreover, it has specifically been pleaded at para-12 of the petition that Dehri Police had given information to the Officer in Charge of Teghara police Station about the arrest of the petitioner and disclosure made by him but even then the Teghra Police did not take any step

Patna High Court Cr.Misc. No.13192 of 2016 (2) dt.01-04-2016 2/2 for remand of the petitioner in the present crime. Moreover, it appears that except confessional statement of the petitioner, there is nothing against him and so far as identification in T.I.P. as well as recovery of looted mobile are concerned, the same are attributed to co-accused, Md. Afjal Hussain, who has already been granted privilege of bail by a co-ordinate Bench of this court vide order dated 26.06.2013 passed in Cr. Misc. No. 11635 of 2013. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Begusarai in connection with Teghara P.S. Case No. 40 of 2012.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T