Patna High CourtCR. MISC./9738/2020bail granted

Md. Gajni @ Shamshad @ Vicky v. The State Of Bihar

2021-11-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9738 of 2020 Arising Out of PS. Case No.-266 Year-2018 Thana- CIVIL LINE District- Gaya ====================================================== MD. GAJNI @ SHAMSHAD @ VICKY S/o Md. Khalid R/o MohallaKathotar Talab, P.S.- Civil Line, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party :

Nirmala Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 394 and 411 of the Indian Penal Code.

As per the prosecution case, thee unknown persons stopped the informant and snatched his Scooty on the point of pistol.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation in confessional statement of co-accused Md. Sonu Qurashi who has already been allowed bail by a co-ordinate bench of this court vide Annexure 2. No incriminating material has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.9738 of 2020(6) dt.01-11-2021 2/2 petitioner. Test Identification Parade has not been carried out till date. In paragraph 3 Petitioner claims that though he is accused in 10 criminal cases but he is on bail in all the cases. Petitioner is in custody since 6.2.2019. Investigation is complete. Learned counsel appearing for the State opposes the prayer for bail. Trial court's report dated 15.7.2020 reveals that charges have already been framed and two witnesses have also been deposed in the case.

Considering the rival submissions of the parties, materials available on the record and the period of custody of the petitioner, 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 Judicial Magistrate 1st class, Gaya in Civil Line Police Station Case No. 266 of 2018.

(Prabhat Kumar Singh, J) Shashi U T