Patna High CourtCR. MISC./10013/2017bail granted

Auzar Hussain @ Md. Anzar Hussain v. The State Of Bihar

2017-03-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10013 of 2017 Arising Out of PS.Case No. -349 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Auzar Hussain @ Md. Anzar Hussain Son of Muslim Ansari, Resident of Village- Ramua Chak, P.S.- Amas, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-03-2017 Heard both sides.

The petitioner seeks bail in Sherghati P.S. case No. 349 of 2016 under Section 392 of the Indian Penal Code. The informant alleged that while he was returning his home after closing his shop on a motor cycle, two miscreants snatched his bag containing ornaments. They also snatched his ATM card of Bank of India, Identity Card and Rs. 8300/- cash. The learned counsel for the petitioner submits that name of the petitioner has figured in the case in the confessional statement of co-accused but nothing has been recovered from the possession of the petitioner. Sunil Swarnkar disclosed that petitioner sold the ornaments to his shop but the petitioner has not been put in T. I. parade. The petitioner is in jail since 02.10.2016

Patna High Court Cr.Misc. No.10013 of 2017 (3) dt.23-03-2017 2/2 and it is said that from his possession Pulsar motor cycle, with which robbery was committed, was recovered but it is submitted that No. of the motor cycle used in the robbery was not given in the FIR. There is no material to show the involvement of the petitioner.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged 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 Additional Chief Judicial Magistrate, Sherghati, Gaya in Sherghati P.S. Case No. 349 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T