Md. Hashim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20924 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -BAUSI District- PURNIA ====================================================== Md. Hashim, S/o Maqbool, Resident of Village- Pelapur, P.S.- Balrampur, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. A.M.P. Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Baisi P.S. Case No. 13 of 2017, registered under Section 395 and 397 of the Indian Penal Code.

The accusation is that five persons named in the F.I.R., including the petitioner, entered in the house of informant and started to commit dacoity. In that course, miscreants took cash of Rs. 48,000/- kept in the attachy. On chase, two miscreants were apprehended by the villagers, who disclosed their names Abdul Ganni and Rehan. The apprehended persons also disclosed the name of his associates, who succeeded to flee away as Kailash @ Vijendra Rai, Md. Hashim (Petitioner) and Md. Ajmal.

Patna High Court Cr.Misc. No.20924 of 2017 (2) dt.12-05-2017 2/2 Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner was not apprehended on the spot, rather, the name of the petitioner and others came in the confessional statement of Abdul Gani, who are said to be apprehended by the villagers. Further submission is that petitioner has no criminal antecedent is in custody since 04.02.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 13 of 2017.

(Rajendra Kumar Mishra, J) manish/- U T