Patna High CourtCR. MISC./54344/2015bail granted

Md. Sultan v. The State Of Bihar

2016-02-12Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.54344 of 2015 (3) dt.12-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 54344 of 2015 Arising out of P.S. Case No. - 21 Year - 2015 Thana - KATIHAR GRP CASE District - KATIHAR ====================================================== Md. Sultan, Son of Late Md. Mamuddin, Resident of Village - Gulshan Bhita, P.S. - Kurji Court, District Kishanganj .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of regular bail in a case under Sections 328, 379, 307 and 411 of the Indian Penal Code. It is alleged that the mobile of Panasonic Company was taken away after administering cold drinks by which the informant got unconscious.

Learned counsel for the petitioner submits that the petitioner is in jail since 25.07.2015 having no criminal antecedent. He has further submitted that the petitioner has not been put on Test Identification Parade and the recovered mobile was neither proved nor there is any specific material that mobile was the looted mobile. It has further been contended that the only material against the petitioner is the self confessional statement

Patna High Court Cr.Misc. No.54344 of 2015 (3) dt.12-02-2016 and the statement of the co-accused before the police. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to 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 Rail Judicial Magistrate, Katihar in connection with Katihar (Rail) P.S. Case No. 21 of 2015.

Kundan (Gopal Prasad, J.) U T