Md. Mukti @ Mukti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5307 of 2019 Arising Out of PS. Case No.-561 Year-2017 Thana- SAUR BAZAR District- Saharsa ====================================================== Md. Mukti @ Mukti, 45 years, Male, son of Late Md. Sadrul, Resident of Village - Lohona, P.S.-Sour Bazar, District-Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 18.08.2018 in a case registered for the offence punishable under Section 395 of the IPC.
The prosecution case, as per the written report of Chunchun Kamti, dated 01.12.2017 submitted to the Station House Officer, Saur Bazar Police Station, is to the effect that the informant was going from Madhepura to his house by an auto rickshaw when on the way, the unknown persons robbed Rs. 30,000/- and two mobile phones from the informant, leading to registration of FIR against unknown accused persons. The name of the petitioner sprang up during investigation on the confession of apprehended co-accused person.
It is submitted by learned counsel for the petitioner that
Patna High Court Cr.Misc. No.5307 of 2019(2) dt.31-01-2019 2/2 neither any recovery has been made from the petitioner nor has the petitioner been put on T.I. Parade. A statement has been made in paragraph no.3 of the petition that though, the petitioner is involved in two other cases, but in those cases, he is on bail. It is further submitted that similarly co-accused persons have been granted bail by different Benches of this Court, vide Cr. Misc. Nos. 33299, 59711, 69797 and 69940 of 2018 and 266 of 2019, vide order dated 07.06.2018, 06.10.2018, 07.12.2018, 03.12.2018, 17.01.2018 respectively.
Learned APP submits that the name of the petitioner sprang up during investigation on the confession of apprehended coaccused. Considering the fact that neither any recovery has been made from the petitioner nor has the petitioner been put on T.I. Parade, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Saharsa in connection with Sour Bazar P.S. Case No. 561 of 2017.
(Dinesh Kumar Singh, J) Amrendra/- U T