Sabir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40578 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Sabir Mian Son of Allauddin Mian, Resident of Village-Kararia Thakurai, P.S. Phulwaria, District Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-09-2017 The petitioner seeks regular bail in connection with Mirganj P.S. Case No. 101 of 2016, registered for offences punishable under Sections 395, 412, 414 of the Indian Penal Code and Section 25(1-A)/26(ii)/35 of the Arms Act. Allegation against the petitioner that he along with other committed loot from the informant.

It has been submitted on behalf of the petitioner that he has not been named in this F.I.R, his name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him. It has further been submitted that no recovery has been made from the possession of the petitioner and uptil now no Test Identification Parade has been conducted and he has been in judicial custody for about four

months.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj, Dist - Gopalganj, in connection with Mirganj P.S. Case No. 101 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) Petitioner has to mark his attendance in the police station in first week of every month till conclusion of trial.

(iv) The petitioner shall cooperate in the disposal of trial and make himself available as and

when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T