Rizwan Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8265 of 2019 Arising Out of PS. Case No.-188 Year-2015 Thana- MOHAMMADPUR District- Gopalganj ====================================================== RIZWAN AHMAD Son of Mogal Miyan R/o village- Purani Kila Pokhra, Adda No. 2, P.S- Nagar Siwan District Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 15.5.2018 in a case registered for the offences punishable under Section 392 of the I.P.C.

The prosecution case is that on 12.11.2015 the informant withdrew Rs.55,000/- from the bank and was coming from the bank along with the amount, in the meantime, on the way, two motorcycle borne miscreants robbed the mobile phone and money of the informant, leading to registration of FIR against unknown. The petitioner's name sprang up in the confessional statement of co-accused Reyaz Ahmad.

It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner nor the petitioner has been put on Test Identification Parade. It is further submitted

Patna High Court Cr.Misc. No.8265 of 2019(2) dt.14-02-2019 2/2 that the investigation has been concluded.

Learned APP submits that the petitioner's name sprang up on the confession of co-accused.

Considering the fact that the materials on record do not suggest recovery from the petitioner and the petitioner has not been put on Test Identification Parade and the period under custody, let the petitioner above named 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 the learned ACJM I, Gopalganj in connection with Mohammadpur P.S. Case No. 188 of 2015.

Keeping in view the criminal antecedent of the petitioner, the learned Court below will be at liberty to cancel the bail bonds of the petitioner in case he defaults on three consecutive occasions.

(Dinesh Kumar Singh, J) anil/- U