Shamsher Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.6295 of 2017 (2) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6295 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -DARIHAT District- SASARAM (ROHTAS) ====================================================== Shamsher Alam, Son of Hafiz Mian, resident of village - Bank, P.S. Akorhigola, District - Rohtas ( Sasaram ) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lilawati Singh For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Darihat P.S. Case No. 48 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code.

The first information report is against unknown for snatching motorcycle, 3 Samsung mobile, cash of Rs. 20,000/- and purse containing PAN card, Pension Card, Identity Card, FRC Card and ATM Card. During investigation the name of the petitioner transpires in the confessional statement of co-accused Ritesh Paswan, further the petitioner also confessed his guilt. Submission is of false implication and that the petitioner is in custody since 10.11.2016 but he has not been put on test identification parade, nothing has been recovered from possession of the petitioner, besides confessional statement there is no other

Patna High Court Cr.Misc. No.6295 of 2017 (2) dt.16-03-2017 material against the petitioner and as such he deserves sympathetic consideration.

Learned APP after going through the impugned order submits that besides confessional statement there is no other material against the petitioner.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Dhirendra Kumar, Judicial Magistrate Ist Class, Dehrionson, Rohtas in connection with Darihat P.S. Case No. 48 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T