Md. Namikhal @ Jamirul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6815 of 2022 Arising Out of PS. Case No.-180 Year-2021 Thana- KADWA District- Katihar ====================================================== Md. Namikhal @ Jamirul Son Of Saidur Rahman R/O- Manihari Tola, P.S.- Kadwa, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Kadwa P.S. Case No. 180 of 2021 instituted for the offences punishable under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 28.10.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of looting a bike, purse along with a mobile of the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.6815 of 2022(2) dt.14-06-2022 2/2 F.I.R. was lodged against unknown persons and the name of the petitioner transpired in the confessional statement of Md. Saidur Islam. It is further stated that no incriminating articles were recovered from the possession of the petitioner nor the petitioner was put on Test Identification Parade (T.I.P.). It is further submitted that another co-accused namely, Saidur Islam has been granted bail by a co-ordinate Bench of this Court vide order dated 23.02.2022 passed in Cr. Misc. No. 56431 of 2021. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 28.10.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Kadwa P.S. Case No. 180 of 2021.

(Khatim Reza, J) lata/- U T