Md. Wasik @ Vasik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9514 of 2018 Arising Out of PS. Case No.-129 Year-2017 Thana- DAGARUA District- Purnia ====================================================== Md. Wasik @ Vasik, son of Late Md. Iliyas, resident of Village Fatehpur, P.S. Kasba District Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Dagarua P.S. Case No. 129 of 2017 registered under Sections 394, 397 of the Indian Penal Code.

The petitioner along with other accused persons are said to have committed robbery in the petrol pump and looted cash from the counter of the petrol pump as well as from the employee of the pump by breaking open the counter of the pump by fire.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He is not named in the FIR. He was not put on TIP.

Patna High Court Cr.Misc. No.9514 of 2018(3) dt.16-03-2018 2/2 No incriminating article has been recovered from his conscious physical possession. The I.O. has also not reported about breaking of the counter of the petrol pump by fire. Though, the petitioner is said to be identified on the basis of CCTV footage, but it is not said that the petitioner was armed with weapon at that time. In fact the petitioner was present on petrol pump for fetching petrol there. There is no eye witness of the occurrence. Though, one criminal case has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 30.08.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 learned Additional Chief Judicial Magistrate-II, Purnea in connection with Dagarua P.S. Case no. 129 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T