Patna High CourtCR. MISC./11450/2019bail granted

Md. Naushad v. The State Of Bihar

2019-02-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11450 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- DEWARIA District- Muzaffarpur ====================================================== MD. NAUSHAD, Son of Md. Hakim, Resident of Village-Madhaul, P.S.- Saraiya, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Sessions Trial No. 711 of 2018 arising out of Deoriya P.S. Case No. 95 of 2018, instituted for the offence under Section(s) 395 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. There is no recovery from possession of the petitioner. No Test Identification Parade has been held. The name of petitioner has come in the confessional statement of co-accused Mukesh Sahani. Counsel for the petitioner further submits that co-accused Deepak Kumar with similar allegation has already been granted bail by this Court vide order dated 20.12.2018 passed in Cr. Misc. 76930 of 2018.

Patna High Court CR. MISC. No.11450 of 2019(2) dt.26-02-2019 2/2 Petitioner is in custody since 1.10.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, 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 learned A.D.J. 13th, Muzaffarpur, in connection with Sessions Trial No. 711 of 2018 arising out of Deoriya P.S. Case No. 95 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T