Md. Budin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5347 of 2019 Arising Out of PS. Case No.-187 Year-2017 Thana- GOPALPUR District- Patna ====================================================== Md. Budin, s/o- Md. Kabir Mian resident of Mohalla- Bandipur, Moralpara, P.S.- Kharda, Distt.- Uttar 84 Pargana State- West Bangal at Present resident of Mohalla Badi Pahari Dhiraj ji ke Makan Main Kiryadar, P.S- Agamkuan, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code.. The prosecution case in short is that while the informant along with family members at his house, the accused persons, on the point of pistol committed loot of cash amount, mobile phones, ornaments and cloths.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.6.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R.. The name of the

Patna High Court CR. MISC. No.5347 of 2019(3) dt.12-04-2019 2/2 petitioner transpired on the basis of confessional statement of co-accused. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Sub-Judge-IX-cum- A.C.J.M., Patna in connection with Gopalpur P.S. Case No. 187 of 2017.

(Sudhir Singh, J) Pankaj/- U T