Sikandar Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.43770 of 2015 (3) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43770 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -AANTI District- GAYA ====================================================== Sikandar Khan Son of Noor Alam Khan, resident of Village - Charkuppa, P.S. - Rafiganj, District - Aurrangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Leelawati Kumari For the Opposite Party : Mr. Manish Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 16.04.2015 in a case instituted under Sections 392/34 and 411 of the Indian Penal Code.

As per prosecution case that the informant was returning from his motorcycle after finishing his work and when he reached near High School, Rafiganj road then three miscreants stopped his motorcycle on the point of arms and they took away the motorcycle, laptop, mobile and some cash of the informant and thereafter they fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.04.2015. Chargesheet has

Patna High Court Cr.Misc. No.43770 of 2015 (3) dt.30-11-2015 been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner is not named in the FIR. It is a case of single identification. The other co-accused has been granted bail by this Court vide Cr.Misc.No.36200 of 2015. On behalf of the State, it has been submitted that the name of the petitioner has come in course of investigation. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Aanti P.S.Case No.02 of 2015. (Sudhir Singh, J) B.Kr./- U