Izhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13555 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- JOKIHAT District- Araria ====================================================== IZHAR, Son of Md. Rafique, Resident of Village - Matiyari, P.S.- Jokihat, Distt.- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Jokihat P.S. Case No.91 of 2018 instituted for the offence under Section(s) 379 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. No incriminating article has been recovered from his possession. No Test Identification Parade has been held. During investigation, one Md. Taiyab was apprehended by the villagers while he was fleeing with the stolen motorcycle. He confessed his guilt on his arrest before the police for which Jokihat P.S. Case No.159 of 2018 was instituted. Aforesaid Md. Taiyab has named this petitioner as his associate. On the basis of aforesaid confession

Patna High Court CR. MISC. No.13555 of 2019(2) dt.06-03-2019 2/2 of Md. Taiyab, petitioner was also arrested in connection with Jokihat P.S. Case No.159 of 2018. Thereafter, he was remanded in this case merely on suspicion.

Petitioner is in custody since 25.10.2018.

In the 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 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No.91 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T