Md. Sonu @ Md. Jafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14589 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== MD. SONU @ MD. JAFAR, Male, 35 years, Son of Hamid Driver R/o village- Pahadpur(Badhi Dargah), P.S- Bihar, District- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bindeshwar Prasad Singh, Advocate.

For the Opposite Party :

Mr.Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 11.09.2018 in a case for the offence registered under Section 394 of the IPC.

The prosecution story, in brief, is that on 05.05.2018 the informant was sleeping in his house. In the meantime, 2-3 persons entered into his room and assaulted his daughter with Fasuli causing head injury. On hulla, they fled away alongwith Mobile of his daughter. During the course of fleeing, one mobile cell of the accused and blooded stained Fasuli fell down which have been seized by the police.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.14589 of 2019(3) dt.15-04-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has not been put on T.I. Parade. There is no recovery of any incriminating article from possession of the petitioner. It is further submitted that the petitioner may be released on bail after completion of one year in custody.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of one year in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bihar Sharif, in connection with Bihar P.S. Case No. 195 of 2018.

(Sudhir Singh, J) U.K./- U T