Babu Khan @ Afsar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8405 of 2019 Arising Out of PS. Case No.-628 Year-2018 Thana- MOHANIYA District- Bhabhua (Kaimur) ====================================================== BABU KHAN @ AFSAR KHAN S/o Samsuddin Khan Resident of Azad Nagar, ward no.9, P.S-Saiyadraja, Distt.-Chandauli (U.P.) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Mohania P.S. Case No. 628/2018, instituted for offences under Section(s) 356, 379 of the Indian Penal Code. Later on amended under Sections 395, 412 and 414 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is no recovery of any incriminating article from possession of this petitioner. No T.I.P. has been held in this case. During investigation police arrested one Shamshad Ali from whose possession mobile phone and some cash have been recovered. Name of this petitioner has been disclosed by aforesaid Shamshad Ali before the police.
Patna High Court Cr.Misc. No.8405 of 2019(2) dt.13-02-2019 2/2 The other co-accused has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 6478/2019 dated 05.02.2019.
Petitioner is in custody since 05.12.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 628/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T